UC-NRLF 


SF 


$B   5M    flfl? 

CALIFORNIA  LAWS 


RELATING  TO 


ANIMAL  INDUSTRY 


1919 


Prepared  by  the 

California  State  Library 

for  the 

State  Department  of  Agriculture 
Division  of  Animal  Industry 


CALIFORNIA  STATE  PRINTING  OFFICE 

SACRAMENTO 

1919 


.  I  —  OAA 


CALIFORNIA  LAWS 


RELATING  TO 


ANIMAL  INDUSTRY 


1919 


Prepared  by  the 

California  State  Library 

for  the 

State  Department  of  Agriculture 
Division  of  Animal  Industry 


49649 


CALIFORNIA  STATE  PRINTING  OFFICE 

SACRAMENTO 

1919 


TABLE  OF  CONTENTS, 


Page 
DEPARTMENT    OF   AGRICULTURE 7 

ANIMAL,  DISEASES,   REGULATIONS,   QUARANTINE,   ETC. — 

PROTECTION  OF'DOMESTIC  LIVE  STOCK  FROM  DISEASE 11 

IMPORTATION  OF  DISEASED  LIVE  STOCK 14 

EXTERMINATION  OF  BOOPHILUS  ANNULATUS  TICK 16 

ERADICATION  OF  SCABIES 18 

INSPECTORS  OF  DIPPING  OF  SHEEP 20 

CONTROL  OF  RABIES , ,  20 

DISTRIBUTION  OF  HOG  CHOLERA  SERUMS 23 

LICENSING  OF  PREPARATION  OF  HOG  CHOLERA  SERUMS 24 

DISPOSITION  OF  DISEASED  ANIMALS 26 

INSPECTORS  OF  LIVE  STOCK 27 

REPORTABLE  BY  LOCAL  PRACTITIONERS  TO  STATE  VETERINARIAN 27 

DAIRY  LAWS- 
PRODUCTION  AND  STANDARDIZATION  OF  DAIRY  PRODUCTS 28 

CONDENSED  AND  EVAPORATED  MILK 53 

IMITATION  MILK 53 

SALE  OF  IMPORTED  BUTTER 57 

PURE  MILK  LAW 58 

CERTIFIED  MILK 64 

INSPECTION   OF  MEAT  AND  MEAT   FOOD   PRODUCTS 65 

CATTLE   PROTECTION  OR  BRAND   LAW- 
LICENSING  OF  SLAUGHTERERS 68 

REGISTRATION   OF   CATTLE   BRANDS 68 

ANIMALS  RUNNING  AT  LARGE 74 

PERPETUATION  OF  MARKS  AND  BRANDS , 75 

CHANGING  OR  DEFACING  MARKS  AND  BRANDS 76 

STALLION  REGISTRATION  LAW — 

REGISTRATION  OF  PEDIGREE 77 

LIEN  FOR  SERVICE  OF  STALLIONS,  ETC 83 

LICENSING  OF  ANIMALS  USED  FOR  PROPAGATION 84 

MISCELLANEOUS — 

CRUELTY   TO   ANIMALS 85 

HERDING  AND  GRAZING  OF  LIVE  STOCK 93 

FENCE,  ESTRAY,  AND  TRESPASS  LAWS 95 

FRAUDULENT  REGISTRATION  OF  LIVE  STOCK 116 

RECORD  OF  LIVE  STOCK  SALES  AT  AUCTION 116 

LIEN  FOR  CARE  OF  LIVE  STOCK 116 

TAMPERING  WITH  ANIMALS  ON  EXHIBITION 117 

COMMERCIAL  FEEDING   STUFFS 118 

LICENSING  OF  VETERINARY  PRACTITIONERS 121 

INDEX _   123 


645966 


PREFACE. 


This  compilation  contains  the  state  laws  relating  to  the  dairy  and 
live  stock  industries  which  are  now  enforceable  by  the  Division  of  Ani 
nial  Industry  of  the  Department  of  Agriculture.    It  also  contains  certain 
other  laws,  such  as  the  fence,  estray  and  trespass  laws,  which  are  of 
special  interest  to  those  who  will  find  use  for  the  volume. 

The  compilation  is  the  first  to  bring  together  in  a  single  volume  the 
dairy  and  live  stock  laws  and  every  effort  has  been  made  to  make  it 
serviceable  to  those  engaged  in  these  industries. 


DEPARTMENT  OF  AGRICULTURE. 

An  act  creating  a  department  of  agriculture,  providing  for 
its  organization  and  declaring  its  functions;  transferring 
to  said  department  the  powers  and  duties  of  various  state 
agencies  and  the  unexpended  balances  of  their  appropria- 
tions and  funds;  prohibiting  certain  acts,  and  prescribing 
penalties  for  violation  of  the  provisions  hereof. 

(Approved  May  16,   1919;  Stats.  1919,  p.  542.) 

SECTION  1.     A  department  of  the  government  of  the  State 
of  California  to  be  known  as  the  department  of  agriculture  is  created, 
hereby  created.     The   department  shall  be  conducted  under 
the  control  of  an  executive  officer  to  be  known  as  director  of 
agriculture,  which  office  is  hereby  created.     The  director  shall  Director- 
be  appointed  by  and  hold  office  at  the  pleasure  of  the  governor, 
and  shall  receive  a  salary  of  five  thousand  dollars  per  annum. 
Before  entering  upon  the  duties  of  his  office,  the  director  shall 
execute  an  official  bond  to  the  State  of  Calif orn:sa iti; i&e'-. penal  ,'  r  >" 
sum  of  twenty-five   thousand  dollars,   conditioned'  upon  the 
faithful  performance   of  his  duties.     He  shall  -Jnainl&iu,  his* 
office  at  Sacramento,  and  shall  adopt  and  keep "ari  Official  seal 
He  shall  act  as  chief  of  one  of  the  divisions  herein  created. 

SEC.  2.  For  the  purpose  of  administration,  the  depart- 
ment shall  be  organized  by  the  director  in  such  manner  as 
with  the  approval  of  the  governor,  shall  be  deemed  neces- 
sary to  properly  segregate  and  conduct  the  work  of  the  depart- 
ment. The  work  of  the  department  shall  be  divided  into  at 
least  two  divisions:  One  to  be  known  as  the  division  of  plant 
industry  and  one  as  the  division  of  animal  industry.  The 
director  shall  adopt  such  rules  and  regulations  not  inconsistent 
with  law  as  may  be  necessary  to  govern  the  activities  of  the 
department.  He  shall  have  the  power  to  arrange  and  classify 
the  work  of  the  department  and  to  assign  to  each  of  the  officers 
thereof  such  duties  and  labors  as  he  may  see  fit. 

SEC.  3.     The  director  shall  have  power,  except  as  otherwise  Appointments 
provided  herein,  to  appoint  heads  of  divisions  and  such  assist-  by  director- 
ants,  agents,  experts,  and  other  employees  as  are  necessary  for 
the  administration  of  the  affairs  of  the  department,  to  prescribe 
their  duties  and,  subject  to  the  approval  of  the  governor,  to  fix 
the  salaries;  provided,  that  the  director  or  other  officer  of  the 
department  shall  have  no  authority  on  the  part  of  the  state 
to  incur  obligations  exceeding  the  amount  of  moneys  made 
available  by  law  for  the  support   of  the  department.     The 
heads  of  divisions,  assistants,  agents,  experts  and  other  em- 
ployees appointed  by  the  director  shall  execute  to  the  state 
such  official  bonds  as  the  director  may  determine  and  require. 
The  head  of  each  division  and  one  position  under  him  of  a  CMI  service 
confidential  nature  shall  be  exempt  from  the  provisions  of  the  exemPtions- 
civil  service  law.     The  director  and  all  officers,  assistants  and 
agents  of  the  department  shall  be  civil  executive  officers. 


8  STATE   DEPARTMENT   OF   AGRICULTURE. 

Traveling  SEC.  4.     All  heads  of  divisions,  assistants,  agents,  experts 

expenses.  ail(^  other  employees  of  the  department  shall  be  entitled  to 
receive  in  addition  to  their  salaries,  their  actual  necessary 
traveling  expenses  when  away  from  their  headquarters  on  state 
business.  The  salaries  and  expenses  of  all  heads  of  divisions, 
assistants,  agents,  experts  and  other  employees  of  the  depart- 
ment shall  be  paid  at  the  same  time  and  in  the  same  manner 
as  the  salaries  and  expenses  of  other  state  officers  are  paid. 
Powers  and  SEC.  5.  The  director  of  agriculture  may  make  investigations 
director'  an(^  prosecute  actions  concerning  all  matters  relating  to  the 
business  activities  and  subjects  under  the  jurisdiction  of  the 
department  as  well  as  relating  to  the  acts  and  the  statistics 
referred  to  in  section  nine  of  this  act.  In  connection  there- 
with he  shall  have  the  right  to  inspect  books  and  records  and 
to  hear  complaints,  administer  oaths,  certify  to  all  official  acts, 
and  to  issue  subpoenas  for  the  attendance  of  witnesses  and  the 
production  of  papers,  books,  accounts,  documents  and  testi- 
mony in  any  inquiry,  investigation,  hearing  or  proceeding 
pertinent  or  material  thereto  in  any  part  of  the  state. 
-'  I&  th^evejit  of  the  failure  or  the  refusal  of  any  witness  to 
attend  or  testify,  or  produce  such  papers,  books,  accounts  or 
'3o£iimpp.ts;or'rgivfe  such  testimony  or  in  the  event  of  any  dis- 
'  oVeciience '  of  s'aird  subpoena,  the  superior  court  in  and  for  the 
county,  or  city  and  county,  in  which  any  inquiry,  investigation 
or  proceeding  may  be  held  by  the  director  of  agriculture,  shall 
have  power  to  compel  the  attendance  of  said  witness,  the  giving 
of  said  testimony  and  the  production  of  said  papers,  including 
books,  accounts  and  documents,  as  required  by  any  subpoena 
issued  by  the  director  of  agriculture.  The  court  upon  petition 
of  the  director  of  agriculture  shall  enter  an  order  directing  the 
witness  to  appear  before  the  court  at  a  time  and  place  to  be 
fixed  by  the  court  in  such  order,  the  time  to  be  not  more  than 
ten  days  from  the  date  of  the  order,  and  then  and  there 
show  cause  why  he  had  not  attended  and  testified  or  produced 
said  papers  before  the  director  of  agriculture.  A  copy  of  said 
order  shall  be  served  upon  said  witness.  If  it  shall  appear  to 
the  court  that  said  subpoena  was  regularly  issued  by  the  director 
of  agriculture,  the  court  shall  thereupon  enter  an  order  that 
the  said  witness  appear  before  the  director  of  agriculture  at  a 
time  and  place  to  be  fixed  in  such  order,  and  testify  or  produce 
the  required  papers,  and  upon  failure  to  obey  said  order,  said 
witness  shall  be  dealt  with  as  for  contempt  of  court. 

The  powers  conferred  upon  the  director  of  agriculture  by 
the  provisions  of  this  section  may  be  exercised  with  like  force 
and  effect  by  such  officers  of  the  department  as  the  director 
may  authorize  and  designate  to  conduct  any  such  investigation 
or  hearing;  provided,  however,  that  except  in  his  report  to  the 
director,  or  when  called  upon  to  testify  in  any  court  or  pro- 
ceeding at  law,  any  such  officer  who  shall  divulge  any  informa- 
tion acquired  by  him  from  the  private  books,  documents  or 
papers  of  any  person,  while  acting  or  claiming  to  act  under 


LAWS    RELATING    TO    ANIMAL   INDUSTRY. 

any  such  authorization  or  designation,  in  respect  to  the  confi- 
dential or  private  transactions,  property  or  business  of  any 
person,  firm,  association  or  corporation,  shall  be  guilty  of  a 
misdemeanor  and  shall  be  disqualified  from  acting  in  any 
official  capacity  in  the  department.  In  addition  thereto,  such  • 
officer  shall  be  liable  in  damages  to  any  person,  firm,  associa- 
tion or  corporation  for  all  injury  resulting  from  such  unlaw- 
ful disclosure. 

SEC.  6.  The  director  shall  make  a  report  to  the  governor  Report  to 
at  least  sixty  days  before  the  commencement  of  each  biennial go 
session  of  the  legislature.  Such  report  shall  give  an  account 
of  all  matters  pertaining  to  his  department,  together  with 
any  recommendations,  and  shall  specifically  set  forth  a  state- 
ment of  expenditures  made  by  the  department  during  the 
period  up  to  and  including  the  thirtieth  day  of  June  preced- 
ing said  session.  There  shall  also  be  set  forth  in  such  report 
a  statement  of  the  organization  plan  of  the  department, 
together  with  the  number  and  classes  of  officers  and  employees 
in  the  department  and  the  compensation  paid  the  same. 

SEC.  7.  The  attorney  general  shall  be  the  legal  adviser  of  Duty  of 
the  department  in  all  matters  relating  to  the  department  and 
to  the  powers  and  duties  of  its  officers.  Upon  request  of  the 
director,  the  attorney  general,  or  under  his  direction,  the  dis- 
trict attorney  of  any  county  in  which  the  action  is  brought, 
shall  aid  in  any  investigation,  hearing,  prosecution  or  trial 
had  under  the  laws  which  the  director  is  required  to  admin- 
ister, and  shall  institute  and  prosecute  all  necessary  actions 
or  proceedings  for  the  enforcement  of  such  laws  and  for  the 
punishment  of  all  violations  thereof.  The  sheriffs  and  con- 
stables in  the  several  counties  shall  execute  all  lawful  orders 
of  the  director  in  such  counties. 

SEC.  8.     The  director  of  the  department  of  agriculture  shall  Powers  of 
succeed  to  and  is  hereby  vested  with  all  the  duties,  powers,  Sards,8 
purposes,     responsibilities     and     jurisdiction     of     the     state  Jj^»gferred 
commissioner  of  horticulture,  of  the  state  board  of  horticul- 
tural examiners,  of  the  state  dairy  bureau,  of  the  state  veter- 
inarian, of  the  stallion  registration  board,  of  the  state  board 
of  viticultural  commissioners,  of  the  board  of  citrus  fruit  ship- 
ments, of  the  cattle  protection  board  and  of  the  several  officers 
of  such  bodies  and  offices;  and  whenever  by  the  provisions  of 
any  statute  or  law  now  in  force  or  that  may  hereafter  be 
enacted  as  a  duty  or  jurisdiction  is  imposed  or  authority  con- 
ferred upon  any  of  said  bodies,  offices  or  officers,  such  duty, 
jurisdiction  and  authority  are  hereby  imposed  upon  and  trans- 
ferred to  the  director  of  the  department  of  agriculture  the 
same  as  though  the  title  of  the  director  of  the  department  of 
agriculture  had  been  specifically  set  forth  and  named  therein. 
Said  bodies,  offices  and  officers  whose  duties,  powers,  purposes  offices 
and  responsibilities  are  so  transferred  to  and  vested  in  the  abolished- 
director  of  the  department  of  agriculture,   are  and  each  of 
them  is  hereby  abolished  and  shall  have  no  further  legal  exist- 


10  STATE   DEPARTMENT   OF   AGRICULTURE. 

ence,  but  the  statutes  and  laws  under  which  they  existed  and 
all  laws  prescribing  their  duties,  powers,  purposes  and  responsi- 
bilities and  jurisdiction  together  with  all  lawful  rules  and 
regulations  established  thereunder,  are  hereby  expressly  con- 
tinued in  force.  The  department  of  agriculture  shall  also 
succeed  to  and  be  in  control  of  all  records,  books,  papers,  offices, 
equipment,  supplies,  moneys,  funds,  appropriations,  land  and 
other  property,  real  or  personal,  now  or  hereafter  held  for 
the  benefit  or  use  of  said  bodies,  offices  and  officers. 
eXce°dbe  ^EC*  ^'  ^IQ  Director  of  the  department  of  agriculture  is 
hereby  vested  with  the  power  and  is  charged  with  the  duty  of 
administering  and  enforcing  the  following  laws : 
N  An  act  to  regulate  the  sale  of  commercial  fertilizers  or 
materials  used  for  manurial  purposes,  and  to  provide  penalties 
for  the  infractions  thereof,  and  means  for  the  enforcement  of 
the  act,  approved  March  20,  1903,  and  all  acts  amending  or 
supplementing  said  act. 

An  act  to  prevent  the  propagation  by  the  production  of 
seed  of  that  certain  plant  known  as  Sorghum  halepense,  other- 
wise known  as  Johnson  grass,  approved  March  20,  -1903,  and 
all  acts  amending  or  supplementing  said  act. 

An  act  to  regulate  the  manufacture,  sale,  adulteration  and 
misbranding  of  insecticides  or  fungicides  or  materials  used 
for  insecticidal  or  fungicidal  purposes  and  to  provide  penal- 
ties for  the  infraction  thereof  and  to  appropriate  money  there- 
for, approved  May  1,  1911,  and  all  acts  amending  or  supple- 
menting said  act. 

An  act  to  regulate  the  production  of  certified  milk,  cream, 
ice  cream,  butter  and  cheese;  and  repealing  an  act  entitled 
"An  act  to  regulate  the  production  of  certified  milk," 
approved  March  18,  1909,  and  all  acts  and  parts  of  acts  incon- 
sistent with  this  act,  approved  April  25,  1913,  and  all  acts 
amending  or  supplementing  said  act. 

An  act  prohibiting  the  destruction  of  foodstuffs,  food  prod- 
ucts or  food  articles,  approved  June  5,  1913,  and  all  acts 
amending  or  supplementing  said  act. 

Powers^  Whenever  in  any  of  the  statutes  enumerated  in  this  section 

director!"  °  or  in  any  of  the  statutes  amending  or  supplementing  the  same, 
a  duty  or  jurisdiction  is  imposed  'or  authority  conferred  upon 
any  state  board,  commission,  office  or  officer  to  administer  the 
provisions  of  any  of  said  statutes,  such  duty,  jurisdiction  and 
authority  are  hereby  imposed  upon  and  transferred  to  the  di- 
rector of  the  department  of  agriculture  and  the  officers  thereof 
with  the  same  force  and  effect  as  if  the  name  of  the  director  of 
the  department  of  agriculture  occurred  in  the  statute  in  each 
instance  in  lieu  of  the  name  of  any  board,  commission,  office 
or  officer,  or  in  lieu  of  the  name  of  any  member,  deputy, 
assistant  or  employee  thereof,  as  the  case  may  be. 

Authority  SEC.  10.  From  and  after  the  date  upon  which  this  act 
money"™  takes  effect,  the  director  shall  be  and  is  hereby  authorized  and 
hand.  empowered  to  expend  the  moneys  in  any  appropriation  or  in 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  11 

any  special  fund  in  the  state  treasury  now  remaining  or 
made  available  by  law  for  the  administration  of  the  provi- 
sions of  any  of  the  statutes  enumerated  in  section  nine  hereof 
or  for  the  use,  support,  or  maintenance  of  any  board,  commis- 
sion, office  or  officer  that  is  abolished  by  the  provisions  hereof 
and  whose  duties,  powers  and  functions  are,  by  the  provisions 
of  this  act,  transferred  to  and  conferred  upon  the  department 
of  agriculture.  Such  expenditures  by  the  director  shall  be 
made  in  accordance  with  law  in  carrying  on  the  work  for 
which  such  appropriations  were  made  or  such  special  funds 
created. 


DISEASES  OF  ANIMALS. 

PROTECTION  OF  DOMESTIC  LIVESTOCK 
FROM  DISEASE. 

An  act  to  protect  domestic  live  stock  from  contagious  and 
infectious  diseases,  to  provide  for  the  appointment  and 
duties  of  officials  to  carry  into  effect  the  provisions  of  this 
act)  and  to  provide  an  appropriation  therefor. 

(Approved  March  18.  1899.  Amendments  approved  March  20,  1905; 
March  23,  1907;  March  19,  1909;  and  May  18,  1915.  Stats.  1899, 
p.129  ;  1905,  p.  423;  1907,  p.  932;  1909,  p.  431;  1915,  p.  564.) 

SECTION  1.  The  office  of  state  veterinarian*  of  the  State  creation  of 
of  California  is  hereby  created.  It  shall  be  the  duty  of  the 
governor,  within  sixty  days  after  the  passage  of  this  act,  to 
appoint  a  skilled  veterinary  surgeon  for  the  State  of  Cali- 
fornia to  fill  said  office  of  state  veterinarian,  who  at  the  date 
of  such  appointment  shall  be  a  graduate  in  good  standing  of  a 
recognized  college  of  veterinary  surgery  legally  qualified  to  Qualifications, 
practice  as  such  in  this  state,  and  who  shall  hold  office  for  a 
period  of  four  years  from  and  after  the  date  of  qualification. 
The  salary  of  said  state  veterinarian  shall  be  three  thousand  salary, 
six  hundred  dollars  per  annum,  payable  at  the  same  time  and 
in  the  same  manner  as  are  the  salaries  of  other  state  officers. 
Said  state  veterinarian  shall  also  be  allowed  his  necessary 
expenses  incurred  in  the  discharge  of  his  duties  as  hereinafter 
provided.  In  making  said  appointment  it  shall  be  the  duty 
of  the  governor  to  disregard  political  affiliations,  and  to  be 
guided  in  his  selection  merely  by  the  professional  and  moral 
qualifications  of  said  veterinarian  for  the  performance  of  his 
duties. 

SEC.  2.     The  governor  is  hereby  authorized  and  empowered  Assistant 
to  appoint  an  assistant  state  veterinarian,  who  shall  at  the  veterinarian. 
time  of  such  appointment  be  a  graduate  in  good  standing  of  a 

*By  section  8  of  the  act  of  1919,  creating  a  Department  of  Agriculture 
(see  page  9  hereof)  the  duties  and  powers  of  the  State  Veterinarian  were 
transferred  to  this  department,  and  upon  the  organization  of  the  department 
these  duties  were  assigned  to  the  Division  of  Animal  Industry.  "State  Veter- 
inarian" should  be  read,  therefore,  "Department  of  Agriculture,  Division  of 
Animal  Industry." 


12 


STATE   DEPARTMENT  OF   AGRICULTURE. 


Unlawful  to 

break 

quarantine. 


recognized  college  of  veterinary  medicine  and  be  legally  quali- 
fied to  practice  veterinary  medicine  in  this  state,  and  who  shall 
hold  office  for  a  period  of  four  years  from  and  after  the  date  of 
qualification.  The  salary  of  such  assistant  state  veterinarian 
shall  be  three  thousand  dollars  per  annum,  payable  at  the  same 
time  and  in  the  same  manner  as  are  the  salaries  of  other  state 
officers.  Said  assistant  state  veterinarian  shall  also  be  allowed 
his  necessary  expenses  incurred  in  the  discharge  of  his  duties. 
(As  amended,  Stats.  1915,  p.  564.) 

Salary.  SEC.  3.     Upon  information  by  him  received  of  the   exist- 

ence of  any  contagious  or  infectious  disease  affecting  domestic 
animals  within  this  state,  the  state  veterinarian*  shall  proceed 
.N  to  thoroughly  investigate  the  same,  and  he  is  hereby  authorized 
to  establish  such  quarantine,  sanitary  and  police  regulations  as 
may  be  necessary  to  circumscribe  and  exterminate  such  disease 

Quarantine,  and  prevent  the  extension  thereof,  and  he  is  further  authorized 
and  empowered  to  enter  upon  any  grounds  or  premises  and 
inspect  any  animal  necessary  to  carry  out  the  provisions  of 
this  act;  provided,  that  nothing  in  this  act  shall  be  construed 
as  authorizing  the  state  veterinarian  or  any  of  his  deputies  to 
impose  quarantine  restrictions  upon  any  animal  in  this  state 
affected  with  bovine  tuberculosis.  (As  amended,  Stats.  1915, 
p.  565.) 

SEC.  4.  Upon  the  discovery  of  any  case  of  contagious  or 
infectious  disease  affecting  any  domestic  animal  or  animals  in 
the  State  of  California,  the  state  veterinarian*  shall  have  the 
power  and  it  shall  be  his  duty  to  quarantine  such  diseased 
animal  or  animals,  and  when  necessary  other  animals  which 
have  been  in  contact  with  such  diseased  animal  or  animals, 
upon  the  land  or  premises  where  such  animal  or  animals  are 
located,  and  thereafter  it  shall  be  unlawful  for  the  owner  or 
owners  of  the  animal  or  animals  quarantined,  their  agents  or 
employees,  to  break  such  quarantine  or  to  move  or  allow  to  be 
moved  any  of  such  animals  from  without  the  premises  or  across 
the  quarantine  line  so  established  without  first  obtaining  a 
permit  from  said  state  veterinarian  who  shall,  before  such 
permit  is  issued,  inspect,  and  if  necessary,  cause  such  animals, 
premises  and  vehicles  of  transportation  to  be  properly  cleaned 
and  disinfected.  (As  amended,  Stats.  1915,  p.  565.) 

SEC.  5.  Whenever  it  shall  become  necessary  to  restrict 
the  movements  of  domestic  animals  from  any  county  or  coun- 
ties or  portion  thereof  within  this  state  on  account  of  the  fact 
that  such  animals  are  liable  to  transmit  an  infectious  disease  to 
animals  not  so  affected,  it  shall  be  the  duty  of  the  state  veter- 
inarian,* by  and  with  the  approval  of  the  governor,  to  quaran- 
tine the  animals  in  such  county  or  counties  or  portion  thereof 
in  order  to  prevent  the  spread  of  such  disease,  and  the  gover- 
nor, if  he  approve,  shall  issue  his  proclamation  proclaiming  the 
boundaries  of  such  quarantine,  and  thereafter,  while  said 
proclamation  is  in  force  and  effect,  no  person,  firm,  company 

*See  note,  page  11  hereof. 


Quarantine 
boundaries 
proclaimed. 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  13 

or  corporation,  their  agents  and  servants,  shall  move  or  allow 
to  be  moved  any  of  said  animals  from  without  the  boundaries 
of  said  quarantine  unless  said  animals  shall  have  first  been 
inspected,  and  if  necessary,  disinfected  by  the  state  veterin- 
arian, or  his  duly  authorized  deputy.  (As  amended,  Stats. 
1915,  p.  565.) 

SEC.  6.  Whenever  the  state  veterinarian*  shall  have  deter-  ^uaYnasnttine 
mined  that  an  infectious  disease  exists  among  domestic  animals  Spates. 
in  any  other  state  or  territory  in  the  United  States  of  America, 
or  in  any  foreign  country,  and  the  importation  of  domestic 
animals  from  said  state,  territory  or  foreign  country  might 
spread  such  disease  among  domestic  animals  within  the  State  of 
California,  said  state  veterinarian  shall  notify  the  governor 
thereof,  and  the  governor,  if  he  deem  it  expedient,  shall  issue 
his  proclamation  proclaiming  the  facts  as  set  forth  by  said 
state  veterinarian,  and  said  proclamation  shall  prescribe  quar- 
antine restrictions  against  said  state,  territory  or  foreign  coun- 
try, which  restrictions  shall  prescribe  that  under  no  conditions 
shall  said  animals  be  brought  into  the  State  of  California  from 
said  state,  territory  or  foreign  country,  or  if  circumstances 
shall  warrant,  said  proclamation  shall  prescribe  the  conditions 
under  which  such  animals  may  be  brought  into  the  State  of 
California,  (As  amended,  Stats.  1915,  p.  566.) 

SEC.  6 \.     The  assistant  state  veterinarian  and  the  deputy  Powers  of 
state  veterinarians,  as  provided  for  in  this  act,  are  hereby  given  veterinarian 
all  the  powers  and  authority  herein  conferred  upon  said  state 
veterinarian  for  the  purpose  of  enforcing  all  the  -provisions  of 
this  act,  but  the  said  assistant  state  veterinarian  and  deputy 
state  veterinarians  shall  act  under  the  directions  and  control  of 
the  state  veterinarian.     (Added,  Stats.  1915,  p.  566.) 

SEC.  7.     Section  seven  of  said  act  is  hereby  repealed.     (As  Repealed, 
amended,  Stats.  1915,  p.  566.) 

SEC.  7|.  The  state  veterinarian*  of  the  State  of  California 
is  hereby  authorized  and  empowered  to  appoint  a  deputy  state 
veterinarian  and  a  clerk.  The  salary  of  the  deputy  state 
veterinarian  shall  be  twenty-four  hundred  dollars  per  annum ; 
the  salary  of  the  clerk  shall  be  sixteen  hundred  dollars  per 
annum.  Said  salaries  shall  be  paid  at  the  same  time  and  in 
the  same  manner  as  the  salaries  of  other  state  officers.  The 
deputy  state  veterinarian  shall  be  allowed  such  necessary 
expenses  as  may  be  incurred  in  the  discharge  of  his  duties. 
The  state  veterinarian  is  further  authorized  and  empowered  to 
appoint  such  additional  deputies  whenever  it  becomes  necessary 
to  carry  out  and  give  effect  to  the  provisions  of  this  act.  The 
salaries  of  any  of  such  deputies  shall  in  no  instance  exceed  the 
sum  of  two  hundred  (200)  dollars  per  month,  and  each  of  said 
deputies  shall  be  allowed  such  necessary  expenses  as  may  be 
incurred  in  the  discharge  of  his  official  duties.  (As  amended, 
Stats.  1915,  p.  566.) 

*See  note,  page  11  hereof. 


14  >     STATE   DEPARTMENT  OF   AGRICULTURE. 

Stionfor  ^EC'  ^'  ^ny  Person,  firm  or  corporation  who  shall  vio- 
late any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  fifty  dollars,  nor  more  than  five  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  for  a  term 
not  exceeding  one  hundred  and  eighty  days,  or  by  both  such 
fine  and  imprisonment.  (As  amended,  Stats.  1915,  p.  567.) 


IMPORTATION  OF  DISEASED  LIVE  STOCK. 

An  act  to  prevent  the  importation  into  the  State  of  California 
of  horses,  mules,  dairy  cattle  and  breeding  bulls  which  are 
affected  with  communicable  diseases,  providing  for  the 
inspection  or  certification  of  such  animals  before  being 
brought  into  the  State  of  California,  exempting  certain 
animals  from  such  inspection  or  certification,  providing 
penalties  for  violating  any  of  the  provisions  of  this  act, 
and  repealing  an  act  approved  June  4,  1913,  entitled  "An 
act  to  prevent  the  importation  into  the  State  of  California 
of  horses,  mules,  asses,  or  cattle  which  are  affected  with 
any  infectious  or  contagious  disease;  to  provide  for  the 
inspection  of  such  animals  before  they  are  brought  into 
the  state;  to  repeal  an  act  entitled  "An  act  to  prevent 
the  importation  of  neat  cattle  for  dairy  or  breeding  pur- 
poses affected  with  tuberculosis  into  the  State  of  Cali- 
fornia," approved  March  7,  1911;  to  repeal  an  act  entitled 
"An  act  to  prevent  the  importation  of  horses,  mules  and 
asses  affected  with  glanders  into  the  State  of  California/' 
approved  March  7,  1911. 

(Approved  April  12,   1915;  Stats.   1915,  p.   59.) 

importation  SECTION  1.  It  shall  be  unlawful  for  any  person,  firm,  com- 
ock'  pany  or  corporation,  their  agents  and  servants,  to  bring  into 
the  State  of  California  any  horses,  mules,  dairy  cattle  or  breed- 
ing bulls  except  as  hereinafter  otherwise  provided. 

cattle.  (a)  Dairy  cattle  and  breeding  bulls  over  six  months  of  age 

must  be  accompanied  by  a  certificate  of  health  and  tuberculin 
test  record  signed  by  a  qualified  veterinarian  showing  that  each 
of  said  animals  is  free  from  communicable  diseases,  including 
tuberculosis,  and  copy  of  such  certificate  and  tuberculin  test 
record  shall  be  mailed  to  the  state  veterinarian*  of  the  State 
of  California  on  the  day  the  shipment  of  said  animals  starts 
from  its  origin. 

statement  of       (&)   In  lieu  of  such  certificate  of  health  and  tuberculin  test 

veterinarian,  record,  as  provided  for  in  subdivision  (a)  of  this  section,  said 
dairy  cattle  and  breeding  bulls  may  be  brought  into  the  State 
of  California,  provided  said  animals  are  accompanied  by  a 
signed  statement  issued  by  the  state  veterinarian  or  other 
authority  in  charge  of  live  stock  sanitary  work  in  the  state 

*See  note,  page  11  hereof. 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  15 

from  which  such  animals  are  transported,  stating  that  the 
animals  in  the  shipment  originated  in  herds  which  are  free  from 
tuberculosis  and  are  not  affected  with  any  communicable  dis- 
ease; and  a  copy  of  said  statement  shall  be  mailed  to  the  state 
veterinarian  of  the  State  of  California  on  the  day  the  ship- 
ment of  said  animals  starts  from  its  origin. 

(c)  Horses  and  mules  must  be  accompanied  by  a  certificate  Horses  and 
of  health  signed  by  a  qualified  veterinarian,  stating  that  each  mules- 
animal  in  the  shipment  is  free  from  communicable  diseases,  and 

a  copy  of  said  certificate  shall  be  mailed  to  the  state  veteri- 
.narian  of  the  State  of  California  on  the  day  the  shipment  of 
said  animals  starts  from  its  origin. 

(d)  In  lieu  of  the  certificate  provided  for  in  subdivision  (c) 
of  this  section,  horses  and  mules  may  be  brought  into  the  State 
of  California,  provided  said  animals  are  accompanied  by  a 
signed  statement  issued  by  the   state  veterinarian  or   other 
authority  in  charge  of  live  stock  sanitary  work  in  the  state 
from  which  said  animals  are  transported  stating  that  each 
animal  in  the  shipment  is  free  from  communicable  diseases,  and 
has  not  recently  been  exposed  to  any  communicable  disease,  and 
a  copy  of  said  statement  shall  be  mailed  to  the  state  veteri- 
narian of  the  State  of  California  on  the  day  the  shipment  of 
said  animals  starts  from  its  origin. 

SEC.  2.  Animals  accompanying  shipments  of  emigrant  Exemptions. 
movables  shall  be  exempt  from  the  inspection  or  certification  as 
provided  for  in  this  act.  It  is  further  provided  that  when 
horses,  mules,  dairy  and  breeding  cattle  are  being  brought  into 
the  State  of  California  for  exhibition  or  theatrical  purposes, 
said  animals  shall  likewise  be  exempt  from  the  inspection  and 
certification  as  provided  for  in  this  act;  provided,  however, 
that  when  dairy  or  breeding  bulls  which  have  been  brought  into 
the  State  of  California  for  exhibition  purposes  are  sold  to 
remain  in  the  State  of  California,  said  animals  shall  be  sub- 
jected to  the  tuberculin  test  and  certified  to  as  free  from 
tuberculosis  by  the  state  veterinarian*  of  the  State  of  Cali- 
fornia before  said  animals  are  delivered  to  the  purchaser. 

SEC.  3.     Whenever  it  shall  have  been  determined  by  the  Quarantine 
state  veterinarian*  that  a  communicable  disease  exists  among 
domestic  animals  in  any  other  state  or  territory  in  the  United  cable 
States,   or  foreign  country,   and  the  importation  of  animals  dlseases- 
from  said  state  or  territory,  or  foreign  country  might  spread 
such  disease  among  animals  within  the  State  of  California, 
nothing  in  this  act  shall  be  so  construed  as  to  prevent  or  pro- 
hibit the  governor  of  the  State  of  California  from  issuing  his 
proclamation  quarantining  said  state  or  territory,  or  foreign 
country    or   from   prescribing   the    regulations   under   which 
animals  might  be  imported  into  the  State  of  California  from 
said  state  or  territory,  or  foreign  country. 

SEC.  4.     That  certain  act  of  the  legislature  of  the  State  of  Act  of  1913 
California  approved  June  4,  1913,  entitled  "An  act  to  prevent repealed- 

*See  note,  page  11  hereof. 


16  STATE   DEPARTMENT   OF   AGRICULTURE. 

the  importation  into  the  State  of  California  of  horses,  mules, 
asses,  or  cattle  which  are  affected  Avith  any  infectious  or  con- 
tagious disease;  to  provide  for  the  inspection  of  such  animals 
before  they  are  brought  into  the  state ;  to  repeal  an  act  entitled 
"An  act  to  prevent  the  importation  of  neat  cattle  for  dairy  or 
breeding  purposes  affected  with  tuberculosis  into  the  State  of 
California, ' '  approved  March  7,  1911 ;  to  repeal  an  act  entitled 
"An  act  to  prevent  the  importation  of  horses,  mules  and  asses 
affected  with  glanders  into  the  State  of  California,"  approved 
March  7,  1911,  is  hereby  repealed. 

Penalty.  SEC.  5.     Any  person,  firm,  company  or  corporation,  their 

agents,  servants  and  employees,  who  shall  violate  any  of  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not 
more  than  five  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  a  term  not  exceeding  one  hundred  and  eighty 
days,  or  by  both  such  fine  and  imprisonment. 


EXTERMINATION   OF  BOOPHILUS  ANNULATUS  TICK. 

An  act  providing  for  the  extermination  of  the  boophilus  an^- 
nulatus  tick,  defining  certain  crimes  and  providing  for 
certain  civil  and  criminal  actions. 

(Approved    March    21,    1907 ;    amendments    approved    February    23,    1909  ; 
Stats.  1907,  p.  763;  1909,  p.  55.) 

sale  of  SECTION  1.     Any  person  who  shall  wilfully  or  intentionally 

cattieed        sell,  offer  for  sale,  or  expose  in  such  a  manner  as  may  infest 
prohibited.     other  cattle  or  other  live  stock  not  so  infested,  any  cattle  hav- 
ing thereon  or  being  infested  with  the  boophilus  annulatus 
Exception,     tick,  shall  be  guilty  of  a  misdemeanor ;  provided,  however,  that 
the  moving  or  handling  of  tick  infested  cattle,  when  same  are 
to  be  immediately  slaughtered  and  where  said  cattle  are  loaded 
on  railroad  cars  at  point  of  origin  of  said  cattle,  shall  not  be 
deemed  to  be  a  wilful  or  intentional  exposing  of  such  cattle  as 
referred  to  in  this  section.     (As  amended,  Stats.  1909,  p.  55.) 
pipping  of         SEC.  1J.     Whenever    cattle  infested  with  or  exposed  to  the 
cattle^        infestation  of  the  boophilus  annulatus  tick  are  to  be  moved 
for  the  purpose  of  immediate  slaughter,  and  where  no  pro- 
visions are  made  for  the  loading  of  such  cattle  directly  into 
railroad  cars  at  their  point  of  origin,  such  cattle  shall  only  be 
moved  or  allowed  to  move  after  said  cattle  have  first  been 
dipped  or  otherwise  treated  in  a  manner  as  directed  by  the 
state   veterinarian   or   his   duly   authorized   deputy.     (Added 
Stats.  1909,  p.  55.) 

Notice  to  SEC.  2.     Whenever  upon  examination  of  any  cattle  located 

"attie      in  any  county  of  the  State  of  California  the  state  veterinarian* 

or  his  duly  "authorized  deputy  shall  find  such  cattle  or  any 

portion  of  them  to  be  infested  with  the  boophilus  annulatus 

*See  note,  page  11  hereof. 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  17 

tick,  he  shall  forthwith  notify  in  writing  the  owner  or  person 
in  control  of  such  cattle  to  dip  or  otherwise  treat  all  said  cattle 
in  a  manner  as  directed  by  said  state  veterinarian  or  his  duly 
authorized  deputy  for  the  purpose  of  eradicating  such  ticks. 
Such  owner  or  person  in  control  of  such  cattle  shall,  within  a 
period  of  fifteen  days  after  receiving  such  notice,  dip  or  other- 
wise treat  such  cattle  in  a  manner  as  directed  by  the  state 
veterinarian  or  his  duly  authorized  deputy  for  the  purpose  of 
so  eradicating  such  tick.  (As  amended,  Stats.  1909,  p.  55.) 

SEC.  3.     If  upon  examining  said  cattle  after  the  expiration  Notice  to 
of  said  period  of  fifteen  days  the  said  state  veterinarian*  or  his  attorney  of 
duly  authorized  deputy  shall  find  that  said  cattle  have  not 
been  so  dipped  or  otherwise  treated  in  a  manner  as  directed  by 
said  state  veterinarian  or  his   duly  authorized  deputy,  such 
officer  shall  immediately  notify  the  district  attorney  of  the 
county  in  which  such  cattle  may  be  located.     (As  amended, 
Stats.  1909,  p.  56.) 

SEC.  4.  If  upon  such  second  examination  the  state  veterin- 
arian*  or  his  duly  authorized  deputy  shall  find  that  said  cattle  veterinarian. 
have  not  been  dipped  or  otherwise  treated  in  a  manner  as 
directed  by  said  state  veterinarian  or  his  duly  cuithorized 
deputy  for  the  purpose  of  eradicating  and  destroying  said  tick, 
said  officer  shall  immediately  take  possession  of  said  cattle  and 
proceed  to  eradicate  and  destroy  said  tick  by  dipping  or  caus- 
ing to  be  dipped  or  by  otherwise  treating  said  cattle.  (As 
amended,  Stats.  1909,  p.  56.) 

SEC.  5.     All  the  expenses  and  costs  of  so  dipping  and  treat- 
ing  said  cattle  shall  become  and  remain  a  lien  on  said  cattle  lien, 
until  such  lien  is  paid  or  foreclosed  as  provided  by  law. 

SEC.  6.  If  such  lien  is  not  paid  within  fifteen  days  after 
the  said  expenses  and  costs  are  incurred,  then  the  state  vet- 
erinarian shall,  in  the  name  of  the  people  of  the  State  of  Cali- 
fornia, commence  an  action  to  foreclose  said  lien.  Such  action 
shall  be  commenced,  tried  and  determined  in  all  respects  as 
provided  in  the  Code  of  Civil  Procedure  for  the  foreclosure 
of  mortgages  on  personal  property. 

SEC.  7.  If  however,  upon  examination  at  the  end  of  fifteen  several  treat- 
days  from  the  date  on  which  the  owner  or  person  in  control 
and  possession  of  said  cattle  is  given  the  notice  required  by 
section  two  of  this  act,  the  state  veterinarian*  or  his  duly 
authorized  deputy  shall  find  that  said  cattle  have  been  dipped 
or  otherwise  treated  for  the  extermination  of  such  ticks  but 
are  still  infested  wi.th  the  same  then  he  shall  instruct  the 
owner  or  person  in  possession  of  said  cattle  to  dip  or  other- 
wise treat  said  cattle  one  or  more  times  as  the  circumstances 
may  demand,  and  within  such  time  as  the  state  veterinarian  or 
his  duly  authorized  deputy  shall  deem  advisable. 

SEC.  8.     If  upon  examination  at  any  time  the  said  state 
veterinarian*  or  his  duly  authorized  deputy  again  finds  that  state 
said   cattle   are   again   infested   with   said  'ticks   or   that  the ve1 

*See  note,  page  11  hereof. 
2—49649 


18 


STATE   DEPARTMENT  OF   AGRICULTURE. 


Owners 
jointly 
liable. 


Exemptions. 


Repeal. 


owner  or  person  in  control  of  said  cattle  has  not  continued  to 
properly  dip  or  otherwise  treat  said  cattle  for  the  purpose  of 
destroying  said  ticks,  then  said  state  veterinarian  or  his  duly 
authorized  deputy  shall  take  possession  of  said  cattle  one  or 
more  times  as  in  this  statute  provided. 

SEC.  9.  In  any  action  or  proceeding,  civil  or  criminal,  aris- 
ing under  this  act,  any  and  all  persons  having  an  interest  in 
the  cattle  or  in  control  or  possession  of  the  same,  and  concern- 
ing which  cattle  such  action  or  proceeding  is  had,  shall  be 
liable  severally  and  jointly  for  each  violation  of  the  provisions 
of  this  act. 

SEC.  10.  Whenever  the  state  veterinarian*  or  his  duly 
authorized  deputy  is  satisfied  that  any  cattle  are  in  process 
of  fattening,  and  that  such  cattle  will  be  ready  for  slaughter 
within  a  period  of  one  hundred  and  twenty  days,  he  shall 
exempt  such  cattle  from  dipping,  as  provided  in  this  act. 

SEC.  11.  All  acts  or  parts  of  acts  in  conflict  with  this  act 
are  hereby  repealed. 


Unlawful  to 
sell  infected 
sheep. 


Notice  to 
owner  to  dip 
infected 
sheep. 


Failure  to 
dip  sheep. 


ERADICATION   OF   SCABIES. 

An  act  providing  for  the  eradication  of  the  disease  known  as 
scabies  in  sheep;  providing  for  the  duties  of  the  state 
veterinarian  in  relation  thereto;  making  certain  acts  in 
relation  to  sheep  infected  with  such  disease  a  misdemeanor; 
providing  for  a  lien  against  such  sheep  for  expenses  and 
costs  in  the  extermination  of  such  disease;  making  certain 
persons  liable  for  a  violation  of  this  act,  and  providing  for 
the  enforcement  of  said  lien. 

(Approved  February  23,   1909;   Stats.   1909,   p.    53.) 

SECTION  1.  Any  person  who  shall  knowingly  sell,  offer  for 
sale,  or  expose  in  such  a  manner  as  may  infect  other  sheep  not 
so  infected  any  sheep  infected  with  the  disease  known  as 
scabies  shall  be  guilty  of  a  misdemeanor. 

SEC.  2.  Whenever,  upon  examination  of  any  sheep  located 
in  any  county  of  the  State  of  California,  the  state  veterina- 
rian* or  his  duly  authorized  deputy  shall  find  such  sheep  or 
any  portion  of  them  to  be  infected  with  or  to  have  been 
exposed  to  infection  from  the  disease  known  as  scabies  he 
shall  forthwith  notify  in  writing  the  owner  or  person  in  con- 
trol of  said  sheep  to  dip  all  of  said  slieep  in  a  manner  as 
directed  by  said  officer  for  the  purpose  of  eradicating  said 
disease.  Such  owner  or  person  in  control  of  said  sheep  shall, 
within  a  period  of  ten  days  after  receiving  such  notice,  dip 
all  of  said  sheep  in  a  manner  as  directed  by  said  officer. 

SEC.  3.  If,  upon  the  expiration  of  ten  days  from  the  date 
on  which  notice  was  given  to  dip  sheep  as  provided  for  in 

*See  note,  page  11  hereof. 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  19 

section  two  of  this  act,  the  owner  or  person  in  control  of  said 
sheep  has  failed  to  dip  such  sheep  in  accordance  with  the 
directions  of  said  state  veterinarian  or  his  duly  authorized 
deputy  as  also  provided  for  in  section  two  of  this  act,  then 
said  officer  shall  immediately  take  possession  of  said  sheep  and 
proceed  to  eradicate  said  disease  of  scabies  by  dipping  said 
sheep  one  or  more  times  as  may  be  necessary. 

SEC.  4.  Whenever  the  state  veterinarian*  or  his  duly  con-aiiing  of 
authorized  deputy  has  reason  to  believe  that  the  disease  known  inspection, 
as  scabies  exists  in  a  flock  of  sheep  he  shall  notify  the  owner 
or  person  in  control  of  such  sheep  to  gather  all  of  said  sheep 
in  a  corral  in  order  that  such  sheep  may  be  examined  and 
inspected  by  said  officer  for  the  purpose  of  ascertaining  if 
any  or  all  of  said  sheep  are  infected  with  scabies.  And  if 
such  owner  or  person  in  control  of  said  sheep  refuses  or 
neglects  to  gather  all  of  said  sheep  in  a  corral  for  the  purpose 
aforesaid,  it  shall  be  the  duty  of  said  officer  to  gather  said 
sheep  in  a  corral  for  the  purpose  aforesaid;  and  for  this  pur- 
pose he  is  hereby  authorized  and  empowered  to  hire  such 
necessary  help  as  may  be  required  to  gather  said  sheep. 

SEC.  5.     All  expenses  and  costs  of  dipping  sheep  as  pro-  Expenses  of 
vided  for  in  section  three  of  this  act,  and  all  expenses  and 
costs  incurred  in  gathering  sheep  as  provided  for  in  section 
four  of  this  act,  shall  become  and  remain  a  lien  on  said  sheep 
until  such  lien  is  paid  or  foreclosed  by  law. 

SEC.  6.     If  such  lien  is  not  paid  within  fifteen  days  after  Foreclosure 
said  expenses  and  costs  have  been  incurred  the  state  veteri-  ° 
narian*  shall,  in  the  name  of  the  people  of  the  State  of  Cali- 
fornia, commence  an  action  to  foreclose  said  lien.     Such  action 
shall  be  commenced,  tried,  and  determined  in  all  respects  as 
provided  in  the  Code  of  Civil  Procedure  for  the  foreclosure 
of  mortgages  on  personal  property. 

SEC.  7.     In   any   action   or   proceeding,    civil   or   criminal,  Liability  for 
arising  under  this  act,  any  and  all  persons  having  an  interest violation- 
in  the  sheep  or  in  control  or  possession  of  the  same,  and  con- 
cerning which  sheep  such  action  or  proceeding  is  had,  shall 
be  liable  severally  and  jointly  for  each  violation  of  the  pro- 
visions of  this  act. 

SEC.  8.     This  act  shall  take  effect  and  be  in  force  imme- 
diately. 

*See  note,  page  11  hereof. 


20 


Inspectors  of 
dipping 
of  sheep. 


Appropria- 
tion. 


STATE   DEPARTMENT  OF   AGRICULTURE. 

INSPECTORS  OF  DIPPING  OF  SHEEP. 

An  act  authorizing  the  state  veterinarian  to  employ  through- 
out the  seventy -first  and  seventy-second  fiscal  years  such 
inspectors  as  he  may  deem  necessary  to  inspect  and  super- 
vise the  dipping  of  sheep  infected  and  exposed  to  tJie  disease 
known  as  scabies;  providing  for  the  compensation  and 
expenses  of  such  inspectors,  and  making  an  appropriation 
therefor. 

(Approved  May  27,   1919;   Statutes  1919,  p.   1231.) 

SECTION  1.  The  state  veterinarian*  of  the  State  of  Cali- 
fornia is  hereby  authorized  to  temporarily  employ  such 
inspectors,  from  time  to  time,  throughout  the  seventy-first  and 
seventy-second  fiscal  years,  as  he  may  deem  necessary  for  thb 
purpose  of  inspecting  and  supervising  the  dipping  of  sheep 
exposed  to  and  infected  with  the  disease  known  as  scabies. 
The  said  state  veterinarian  shall  fix  the  compensation  of  such 
inspectors  which  compensation  shall  not  exceed  the  sum  of 
five  dollars  per  day,  exclusive  of  their  necessary .  and  actual 
expenses.  Such  compensation  and  necessary  expenses  shall 
be  allowed  and  paid  out  of  the  appropriation  herein  made. 

SEC.  2.  There  is  hereby  appropriated  out  of  any  moneys 
in  the  state  treasury,  not  otherwise  appropriated,  the  sum  of 
nine  thousand  dollars,  or  so  much  thereof  as  may  be  necessary, 
to  be  used  according  to  law  in  paying  the  wages  and  necessary 
actual  expenses  of  the  inspectors  herein  provided  for,  four 
thousand  five  hundred  dollars  of  which  shall  be  available  dur- 
ing the  seventy-first  fiscal  year,  and  four  thousand  five  hun- 
dred dollars  of  which  shall  be  available  during  the  seventy- 
second  fiscal  year ;  and  the  state  controller  is  directed  to  draw 
his  warrant  in  favor  of  the  person  or  persons  entitled  to  the 
same,  and  the  state  treasurer  is  directed  to  pay  the  same. 


CONTROL  OF  RABIES. 

An  act  to  prevent  the  introduction  of  rabies  or  other  animal 
diseases  dangerous  to  human  beings,  into  portions  of  the 
state  not  infected;  to  control  the  spread  of  such  diseases 
after  introduction;  and  authorizing  the  state  board  of 
health  to  make  rules  and  regulations  therefor. 

(Approved  June   13,    1913;   Stats.   1913,   p.   783.) 

agStine         SECTION  1.     Whenever  any  case  or  cases  of  rabies,  or  other 

animals        animal  diseases  dangerous  to  the  health  of  human  beings  which 

>ies'  may  be  declared  by  the  state  board  of  health  as  coming  under 

the  provisions  of  this  act,  shall  be  reported  as  existing  in  any 

county,  city  and  county,  or  incorporated  city  or  town  in  the 

State  of  California,  the  state  board  of  health  shall  make,  or 

*See  note,  page  11  hereof. 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  21 

cause  to  be  made  a  preliminary  investigation  as  to  whether 
such  disease  does  exist,  and  as  to  the  probable  area  of  the 
state  in  which  the  population  or  animals  are  thereby  endan- 
gered. If  upon  such  examination  the  state  board  of  health 
shall  find  that  any  of  the  said  diseases  does  exist,  a  .quarantine 
shall  be  declared  against  all  such  animals  as  may  be  designated 
in  the  quarantine  order,  and  living  within  the  area  specified  in 
said  order.  Quarantine  shall  be  defined  for  the  purposes  of 
this  act  as  meaning  the  strict  confinement,  upon  the  private 
premises  of  the  owners  under  restraint  by  leash  or  closed 
cage  or  paddock,  of  all  animals  specified  by  the  order. 

SEC.  2.  Following  the  order  of  quarantine  the  state  board  investigation 
of  health  shall  make  or  cause  to  be  made  a  thorough  investiga- 
tion  as  to  the  extent  of  the  disease,  the  probable  number  of 
persons  and  animals  exposed,  and  the  area  found  to  be  in- 
volved ;  and  may  substitute  for  the  quarantine  order  such  regu- 
lations as  may  be  deemed  adequate  for  the  control  of  the 
disease  in  each  area. 

SEC.  3.     It  shall  be  the  duty  of  all  peace  officers  and  boards  Enforcement 
of  health  to  carry  out  the  provisions  of  this  act.     During  the  °f 
period  for  which  any  quarantine  order  is  in  force  all  officers 
are  empowered  to  kill  or  in  their  discretion  to  capture  and  hold 
for  further  action  by  the  state  board  of  health  or  its  repre- 
sentatives, all  animals  in  a  quarantine  area,  found  on  public 
highways,  lands  and  streets,  or  not  held  in  restraint  on  private 
premises  as  specified  in  this  act. 

SEC.  4.     All  proper  officials  within  the  meaning  of  this  act  Authority  to 
are  hereby  authorized  to  examine  and  enter  upon  all  private 
premises  for  the  enforcement  of  this  act. 

SEC.  5.     Any  owner,  or  other  person  in  the  possession  of  any  Arrest  for 
animal  then  being  held  or  maintained  in  violation  of  the  pro- violation- 
visions  of  this  act,  shall  be  subject  to  arrest  on  the  charge  of 
committing  a  misdemeanor. 

SEC.  6.     For  the  purpose   of  providing  funds  to  pay  the  Rabies 
expenses  incurred  in  connection  with  the  eradication  of  diseases  ST" 
included  under  this  act,  a  special  fund,  to  be  known  as  the  created- 
rabies  treatment  and  eradication  fund,  is  hereby  created  for 
each  county,  city  and  county,  or  incorporated  city  or  town 
in  the  State  of  California.     All  moneys  collected  in  accordance 
with  the  following  procedure  shall  be  deposited  to  the  credit 
of  this  fund  with  the  treasurer  of  the  county,  city  and  county, 
or  incorporated  city  or  town;  provided,  that  funds  now  col- 
lected from  any  dog  tax  may  continue  to  be  collected  and  used 
for  other  purposes  specified  by  local  ordinances. 

(a)   Upon  the  determination  by  the  state  board  of  health  Special  dog 
that   rabies   does   exist   in   any   county,   city   and   county,   or tax' 
incorporated  city  or  town,  a  special  dog  license  tax  shail  im- 
mediately become   effective,  unless  a   dog  tax  is  already  in 
force  the  funds  from  which  are  available  for  the  payment  of 
expenditures  in   accordance  with   the   provisions  of  this  act. 
This  tax  shall  be  levied  as  follows:  An  annual  tax  of  one 


22 


STATE   DEPARTMENT   OF   AGRICULTURE. 


one-hair  of 


dollar  and  fifty  cents  for  each  male,  two  dollars  and  fifty 
cents  for  each  female,  and  one  dollar  and  fifty  cents  for  each 
neuter  dog,  the  same  to  be  collected  by  the  proper  authority 
at  the  same  time  and  in  the  same  manner  as  other  taxes  are 
collected  ;  -provided,  however,  that  there  shall  be  collected  at 
the  first  collection  such  proportion  of  the  annual  tax  as  cor- 
responds to  the  number  of  months  the  tax  has  been  in  opera- 
tion plus  one  year  advance  payment.  After  this  dog  license 
tax  has  been  established  in  a  county,  city  and  county,  or  incor- 
porated city  or  town,  it  shall  be  continued  in  force  until  an 
order  has  been  issued  by  the  state  board  of  health  declaring 
that  county,  or  such  portion  of  that  county  as  may  be  deemed 
advisable,  to  be  free  from  rabies  or  further  danger  of  its 
spread. 

(&)  One-half  of  all  fines  collected  by  any  court  or  juiga 
f°r  violations  of  the  provisions  of  this  act  shall  be  placed  to 
the  credit  of  the  rabies  treatment  and  eradication  fund  of 
the  county,  city  and  county,  incorporated  city  or  town  in 
which  the  violation  occurred. 

SEC.  7.  Whenever  it  becomes  necessary  in  the  judgment  of 
the  state  board  of  health  or  its  secretary,  to  enforce  the  pro- 
visions of  this  act  in  any  county,  city  and  county,  or  incorpo- 
rated city  or  town,  the  said  board  or  its  secretary  may  insti- 
tute special  measures  of  control  to  supplement  the  efforts  of 
the  local  authorities  in  any  county,  city  and  county,  or  incor- 
Expenditures.  porated  city  or  town  whose  duties  are  specified  in  this  act.  All 
expenditures  incurred  in  enforcing  such  special  measures  shall 
be  proper  charges  against  the  special  fund  created  by  the 
provisions  of  this  act,  and  shall  be  paid  as  they  accrue  by  the 
proper  authorities  of  each  county,  city  and  county,  or  incor- 
porated city  or  town  in  which  they  have  been  incurred;  pro- 
vided, that  all  such  expenditures  which  may  be  incurred  after 
the  issuance  of  the  order  establishing  the  said  fund  and  before 
the  first  collection  of  the  tax,  shall  be  paid  as  they  accrue  from 
the  general  fund  of  the  county,  city  and  county,  or  incor- 
porated city  and  town  ;  and,  provided,  further,  that  all  expen- 
ditures in  excess  of  the  balance  of  money  in  this  fund  shall 
likewise  be  paid  as  they  accrue  from  said  general  fund.  All 
moneys  thus  expended  from  the  general  fund  shall  be  repaid 
from  the  said  special  fund  when  the  collections  from  said  tax 
have  been  provided  the  money. 


special 
of  control, 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  23 

DISTRIBUTION  OF  HOG  CHOLERA  SERUM. 

An  act  to  provide  for  the  preparation  and  distribution  of 
serums  or  vaccines  for  the  prevention  of  the  disease  known 
as  cholera  in  hogs  in  the  State  of  California,  making  an 
appropriation  therefor  and  prescribing  the  duties  of  the 
controller  and  treasurer  in  relation  thereto. 

(Approved  April  21,   1911;   Stats.   1911,  p.  1064.) 

SECTION  1.  The  regents  of  the  University  of  California 
are  hereby  directed  to  cause  to  be  prosecuted  with  all  possible 
diligence,  through  the  agricultural  experiment  station,  the 
preparation  of  serums  or  vaccines  that  will  produce  immunity 
in  hogs  against  the  disease  known  as  cholera. 

SEC.  2.     The  regents  of  the  University  of  California  are  serums  to  be 
hereby  further  authorized  and  directed  to  furnish  such  serums  }JSJtlshe 
or  vaccines  in   quantities   not   exceeding  five  hundred   cubic 
centimeters  as  soon  as  possible  after  this  act  takes  effect  free 
of  charge  to  any  bona  fide  resident  of  the  State  of  California 
who  is  engaged  in  the  raising  of  hogs,  upon  application  by 
such  resident  hog  raiser. 

SEC.  3.     The  regents   of  the  University   of   California  are  in  excess  of 
also  hereby  further  authorized  and  directed  to  furnish  to  any  centimeters 
bona  fide  resident  of  this  state,  who  is  engaged  in  the  raising  at  cost, 
of  hogs,  such  serums  or  vaccines  in  quantities  in  excess  of 
five   hundred   cubic   centimeters,   upon   the  applicant   paying 
therefor  the  actual  cost  of  the  production  of  such  serums  or 
vaccines. 

SEC.  4.     It  is  herewith  provided  that  no  serums  or  vaccines  owner  must 
shall  be  furnished  free  of  charge  to  anyone  unless  the  applicant 
shall  have  first  furnished  sufficient  evidence  that  the  disease  nogs. 
known  as  cholera  exists  among  his  hogs  or  among  the  hogs  in 
his  immediate  neighborhood,  and  in  such  latter  case  evidence 
shall  be  furnished  by  said  applicant  that  there  is  danger  of  the 
disease  being  communicated  to  the  applicant's  hogs. 

SEC.  5.     Any  person  who  shall  sell,   give  away  or  misuse 
any  of  the  serums  so  furnished  shall,  upon  conviction  thereof  misdemeanor, 
be  deemed  guilty  of  a  misdemeanor,  and  be  punished  as  in 
such  cases  provided  by  law. 

SEC.  6.     The   director  of  the   agricultural  experiment  sta-  Assistance 
tion   shall   obtain   and   establish   such   assistance,    equipment,  tlonTwork. 
materials,    appliances,    apparatus   and    other   necessary    inci- 
dentals as  may  be  necessary  to  the  successful  prosecution  of 
this  work  within  the  appropriation  herein  specified. 

SEC.  7.  The  sum  of  sixteen  thousand  ($16,000.00)  dollars 
is  hereby  appropriated  out  of  any  money  in  the  state  treasury 
not  otherwise  appropriated,  six  thousand  ($6,000.00)  dollars 
of  which  shall  be  available  for  the  balance  of  the  sixty-second 
fiscal  year  and  ten  thousand  ($10,000.00)  dollars  of  which 
shall  be  available  during  the  sixty-third  and  sixty-fourth  fiscal 
years  for  the  use  of  said  experiment  station  to  be  expended  by 
the  regents  of  the  University  of  California  in  carrying  out 


24 


STATE   DEPARTMENT   OF   AGRICULTURE. 


Disposition 
of  funds. 


the  purposes  of  this  act,  and  the  state  controller  is  hereby 
authorized  and  directed  to  draw  his  warrant  for  the  same, 
and  the  state  treasurer  is  hereby  directed  to  pay  such  warrant. 
SEC.  8.  All  money  appropriated  under  this  act,  and  all 
money  received  for  the  sale  of  said  serums  or  vaccines  as  pro- 
vided for  in  section  three  of  this  act,  shall  be  paid  to  the 
regents  of  the  University  of  California,  and  shall  be  expended 
under  the  direction  of  the  director  of  the  agricultural  experi- 
ment station  of  said  university  for  the  specific  purposes  herein 
named. 


Unlawful  to 
sell 

dangerous 
serum. 


Must  be 
prepared 
under 

direction  of 
University  of 
California. 


Director 
authorized 
to  inspect 
serum. 


LICENSING   OF   PREPARATION   OF   HOG   CHOLERA 
SERUMS. 

An  act  prohibiting  the  preparation,  sale,  barter,  shipment  or 
exchange  of  any  worthless,  contaminated,  dangerous  or 
harmful  hog  cholera  serums  or  virus;  requiring  every 
establishment  for  the  preparation  of  hog  cholera  serum, 
virus,  vaccine  or  antitoxin  to  be  inspected  and  licensed  by 
the  director  of  the  agricultural  experiment  station  of  the 
University  of  California;  and  providing  penalties  for  viola- 
tion of  any  of  the  provisions  hereof. 

(Approved  June   1,    1915;    Stats.    1915,   p.    1064.) 

SECTION  1.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation  to  prepare,  sell,  barter,  ship  or  exchange  in  this 
state  any  worthless,  contaminated,  dangerous  or  harmful  hog 
cholera  serum,  virus,  vaccine  or  antitoxin. 

SEC.  2.  It  shall  be  unlawful  for  any  person,  firm  or  corpo- 
ration to  prepare,  sell,  barter,  ship  or  exchange  in  this  state 
any  hog  cholera  serum,  virus,  vacccine  or  antitoxin  unless 
and  until  the  said  serum,  virus,  vaccine  or  antitoxin  shall 
have  been  prepared  under  and  in  compliance  with  the 
regulations  prescribed  by  the  director  of  the  agricultural 
experiment  station  of  the  University  of  California,  hereinafter 
referred  to  as  director,  at  an  establishment  holding,  and  operat- 
ing under,  an  unsuspended  and  unrevoked  license  issued  by  the 
director  as  herein  authorized. 

SEC.  3.  The  director  is  hereby  authorized  to  examine  and 
inspect  all  hog  cholera  serum,  virus,  vaccine  or  antitoxin 
prepared,  sold,  bartered,  shipped  or  exchanged  in  this  state  and 
to  make  and  promulgate  from  time  to  time  such  rules  and  regu- 
lations as  may  be  necessary  to  prevent  the  preparation,  sale, 
barter,  shipment  or  exchange  of  any  worthless,  contaminated, 
dangerous  or  harmful  hog  cholera  serum,  virus,  vaccine  or 
antitoxin  and  to  issue,  suspend  and  revoke  licenses  for  the 
maintenance  of  establishments  for  the  preparation  of  hog 
cholera  serum,  virus,  vaccine  or  antitoxin. 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  25 

SEC.  4.     The  licenses  issued  under  the  authority  of  this  act  Licenses  for 
to    establishments    where    hog    cholera   serums,    viruses,    vac-  menfslsh 


cines  or  antitoxins  are  prepared  for  sale,  barter,  shipment  or 
exchange  shall  be  issued  on  condition  that  the  licensee  shall 
permit  the  inspection  of  such  establishment  and  of  such  prod- 
ucts and  their  preparation;  and  the  director  may  suspend  or 
revoke  any  permit  or  license  issued  under  the  authority  of  this 
act  after  opportunity  for  hearing  has  been  granted  the  licen- 
see, when  the  director  is  satisfied  that  such  license  is  being  used 
to  facilitate  or  effect  the  preparation,  sale,  barter,  shipment  or 
exchange  of  worthless,  contaminated,  dangerous  or  harmful 
hog  cholera  serum,  virus,  vaccine  or  antitoxin. 

SEC.  5.     The  director  and  each  of  his  agents  duly  authorized  Director  may 
for  the  purpose  may  at  any  time  enter  and  inspect  any  estab- 
lishment  where  any  hog  cholera  serum,  virus,  vaccine  or  anti- 
toxin is  prepared. 

SEC.  6.     Neither  this  act  nor  any  provision  thereof,  except  construction 
when  specifically  so  stated,  shall  apply  or  be  construed  to  apply  of 
to  commerce   with  foreign  nations  or  commerce  among  the 
several  states  of  this  union,   except  in  so  far  as  the  same 
may  be  permitted  under  the  provisions  of  the  constitution  of 
the  United  States  and  the  acts  of  congress. 

SEC.  7.     Any  person,  firm  or  corporation  who  shall  violate  Penalty. 
any  provision  of  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor and  shall  be  punished  by  a  fine  of  not  exceeding  one 
thousand  dollars  or  by  imprisonment  in  the  county  jail  not 
exceeding  one  year,  or  by  both  such  fine  and  imprisonment. 

SEC.  8.  For  the  purpose  of  carrying  into  effect  this  act  License  tax. 
the  regents  of  the  University  of  California  are  hereby  author- 
ized to  collect  and  there  shall  be  paid  to  the  regents  of  the 
University  of  California  by  every  manufacturer,  importer, 
agent  or  dealer  in  hog  cholera  serum,  virus,  vaccine  or  anti- 
toxin, a  license  tax  of  one  mill  for  every  cubic  centimeter  of 
serum,  virus,  vaccine  or  antitoxin  sold  or  distributed,  and  each 
manufacturer  or  importer  of  any  hog  cholera  serum,  virus, 
vaccine  or  antitoxin  shall  file  with  the  secretary  of  the  board 
of  regents  of  the  University  of  the  State  of  California,  quar- 
terly, a  sworn  statement  showing  all  sales  of  hog  cholera  serum, 
virus,  vaccine  or  antitoxin  for  the  preceding  quarter,  accom- 
panied by  a  corresponding  amount  of  the  license  tax  above 
specified;  provided,  however,  that  nothing  herein  shall  prevent 
the  sale  or  distribution  of  hog  cholera  serum,  virus,  vaccine  or 
antitoxin  produced  in  a  laboratory  holding  a  license  issued 
by  the  United  States  department  of  agriculture  to  manufacture 
or  import  hog  cholera  serum,  virus,  vaccine  or  antitoxin. 


26 


STATE   DEPARTMENT   OF   AGRICULTURE. 


Transporta- 

Mected 
animals. 


sale  of 


food. 


Penalty. 


DISPOSITION   OF   DISEASED   ANIMALS. 

An  act  to  prevent  the  spread  of  contagious  diseases  among 

animals. 

(Approved  March  20,   1905;  Stats.  1905,  p.   317.) 

SECTION  1.  Any  person  having  the  care,  custody  or  control 
dead  animals,  of  any  animal  that  dies  from  tuberculosis,  glanders,  farcy, 
Texas  fever,  or  other  infectious  disease,  shall  immediately 
upon  the  death  of  such  animal  cremate  or  bury  the  same,  or 
cause  the  same  to  be  cremated  or  buried. 

SEC.  2.  Any  common  carrier  of  persons  or  freight  that 
sha11  transport  any  animal  suffering  with  or  that  has  died 
from  the  diseases,  or  -any  of  them,  mentioned  in  section 
one  of  this  act,  a  greater  distance  than  is  necessary  to  transport 
such  animal  to  the  nearest  crematory,  shall  be  deemed  guilty 
of  a  misdemeanor. 

SEC.  3.  No  animal  that  has  died  of  any  of  the  diseases 
Iiamecl  in  section  one  of  this  act,  shall  be  sold,  used  or  permitted 
to  be  used  for  the  food  of  human  beings  or  sold,  used  or  per- 
mitted to  be  used  for  the  food  of  any  domestic  animal  or  fowl. 

SEC.  4.  Any  person,  firm  or  corporation  that  shall  violate 
any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  fifty  dollars  and  not  more  than  five 
hundred  dollars  or  by  imprisonment  in  the  county  jail  for  a 
term  not  exceeding  one  hundred  eighty  days,  or  by  both  such 
fine  and  imprisonment. 

SEC.  5.     This  act  shall  take  effect  immediately. 

Penal  Code. 

Deposit  of  §  374.  Every  person  who  puts  the  carcass  of  any  dead 
?nrtrJSals  animal,  or  the  offal  from  any  slaughter-pen,  corral,  or  butcher 
rivers,  etc.  shop  into  any  river,  creek,  pond,  reservoir,  stream,  street,  alley, 
public  highway,  or  road  in  common  use,  or  who  attempts  to 
destroy  the  same  by  fire  within  one  fourth  of  a  mile  of  any 
city,  town,  or  village,  except  it  be  in  a  crematory,  the  construc- 
tion and  operation  of  which  is  satisfactory  to  the  board  of 
health  of  such  city,  town,  or  village;  and  every  person  who 
puts  any  water-closet  or  privy,  or  the  carcass  of  any  dead 
animal,  or  any  offal  of  any  kind,  in  or  upon  the  borders  of  any 
stream,  pond,  lake,  or  reservoir,  from  which  water  is  drawn  for 
the  supply  of  any  portion  of  the  inhabitants  of  this  state,  so 
that  the  drainage  of  such  water-closet,  privy,  carcass  or  offal 
may  be  taken  up  by  or  in  such  stream,  pond,  lake,  or  reservoir, 
or  who  allows  anjr  water-closet  or  privy,  or  carcass  of  any 
dead  animal,  or  of  any  offal  of  any  kind,  to  remain  in  or  upon 
the  borders  of  any  such  stream,  pond,  lake,  or  reservoir  within 
the  boundaries  of  any  land  owned  or  occupied  by  him,  so  that 
.  the  drainage  from  which  such  water-closet,  privy,  carcass,  or 
offal,  may  be  taken  up  by  or  in  such  stream,  pond,  lake,  or 
reservoir  ;  or  who  keeps  any  horses,  mules,  cattle,  swine,  sheep, 
or  live  stock  of  any  kind,  penned,  corralled,  or  housed  on, 
over,  or  on  the  borders  of  any  stream,  pond,  lake,  or  reservoir, 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  27 

so  that  the  waters  thereof  become  polluted  by  reason  thereof; 
or  who  bathes  in  any  such  stream,  pond,  lake  or  reservoir;  or 
who  by  any  other  means  fouls  or  pollutes  the  waters  of  any 
such  stream,  pond,  lake,  or  reservoir^  is  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  as 
prescribed  in  section  three  hundred  and  seventy-seven. 

§402.  Any  person  who  shall  knowingly  sell,  or  offer  for  using  or 
sale,  or  use,  or  expose,  or  who  shall  cause  or  procure  to  be 
sold,  or  offered  for  sale,  or  used,  or  expose  any  horse,  mule  or 
other  animal  having  the  disease  known  as  glanders  or  farcy, 
or  who  shall  bring,  or  cause  to  be  brought,  or  aid  in  bringing 
into  the  state  any  sheep,  hog,  horse,  or  cattle,  or  any  domestic 
animal  knowing  the  same  to  be  affected  with  any  contagious 
or  infectious  disease,  shall  be  guilty  of  a  misdemeanor. 

§4026.     Every  animal  having  glanders  or  farcy  shall  at  once  Animals 
be  deprived  of  life  by  the  owner  or  person  having  charge  S^SeS* 
thereof,  upon  discovery  or  knowledge  of  its  condition ;  and  any  to  be  killed- 
such  owner  or  person  omitting  or  refusing  to  comply  with  the 
provisions  of  this  section  shall  be  guilty  of  a  misdemeanor. 

§402d.  Any  person  or  persons,  company  or  corporation,  Diseased 
owning  or  having  possession  or  control  of  any  animal  affected 
by  any  contagious  or  infectious  disease,  who  shall  fail  to  keep 
the  same  within  an  enclosure,  or  herd  the  same  in  some  place 
where  they  will  be  secure  from  contact  with  other  animals  of 
like  kind  not  so  affected,  or  who  shall  suffer  such  infected 
animals  to  be  driven  on  the  public  highway  or  to  range  where 
they  will  be  likely  to  come  in  contact  with  other  animals  not 
so  affected,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction, 
punished  by  a  fine  of  not  more  than  five  hundred  dollars  for 
each  offense. 

§402e.  Any  practitioner  of  veterinary  medicine  in  the  State  Report  of 
of  California  who  shall,  upon  gaining  information  thereof, 
fail  to  immediately  report  in  writing  to  the  state  veterinarian 
the  location,  description,  and  name  and  address  of  the  owner 
or  person  in  charge,  if  known,  of  any  animal  or  animals 
affected  with  any  one  of  the  following  diseases:  glanders, 
anthrax,  blackleg,  hog  cholera,  swine  plague,  verminous  bron- 
chitis, sheep  scab,  myeotic  lymphangitis,  aphthous  fever,  or 
Texas  fever,  shall  be  deemed  guilty  of  a  misdemeanor. 

INSPECTORS  OF  LIVESTOCK. 
Political  Code. 

§4056a.     The  board  [of  supervisors]  shall  adopt  orders  and  county  to 
enact  ordinances  not  in  conflict  with  state  or  federal  lawShStHf 
necessary  for  the  preservation  of  the  health  of  domestic  live- livestock- 
stock,   and   shall   provide   for   the   payment   of   all   expenses 
incurred  in   enforcing  the  same,  which  expenses  shall  be   a 
county  charge  and  payable  in  the  same  manner  and  out  of  the 
same  funds  as  other  county  charges  are  paid. 

§4149.     The  livestock  inspector  shall  be  appointed  by  the  Appoint- 
board  of  supervisors  whenever  in  the  discretion  of  such  board  ment' 


28  STATE   DEPARTMENT  OF   AGRICULTURE. 

the  interest  of  the  public  welfare  demands  the  services  of 
such  an  officer,  and  such  officer  shall  hold  his  office  at  the 
pleasure  of  the  appointing  power.  He  shall  receive  a  salary 
in  the  sum  of  one  hundred  and  twenty-five  dollars  per  month, 
which  salary  shall  be  paid  at  the  same  time  and  in  the  same 
manner  and  out  of  the  same  funds  that  other  county  officers 
are  paid. 

Duties.  §4149a.     It  shall  be  the    duty   of  the  livestock  inspector, 

acting  under  the  supervision  of  the  state  veterinarian,  to 
enforce  all  laws  of  the  State  of  California,  and  all  orders  and 
ordinances  of  the  board  of  supervisors  of  his  county  pertaining 
to  the  health  and  sanitary  surroundings  of  all  livestock  in  his 
county,  and  for  that  purpose  he  is  hereby  authorized  and 
empowered,  by  and  with  the  approval  of  the  board  of  super- 
visors, to  establish,  maintain,  and  enforce  such  quarantine, 
sanitary  and  other  regulations  as  he  may  deem  proper  and 
necessary.  He  shall  give  to  the  duties  of  his  office  such  time 
and  attention  as  may  be  necessary  to  secure  the  general  pro- 
tection and  advancement  of  all  matters  pertaining  to  the  health 
and  sanitary  condition  of  the  domestic  livestock  of  his  county. 


DAIRY  LAWS. 


PRODUCTION   AND   STANDARDIZATION   OF 
DAIRY  PRODUCTS. 

An  act  to  prevent  the  manufacture  or  sale  of  dairy  products 
from  unhealthy  animals,  or  that  are  produced  under 
unsanitary  conditions;  to  prevent  deception  or  fraud  in 
the  production  and  sale  of  dairy  products,  and  in  the  manu- 
facture and  sale  of  renovated  butter  and  oleomargarine;  to 
license  the  manufacture  and  sale  of  renovated  butter,  and 
oleomargarine;  to  regulate  the  business  of  producing, 
buying  and  selling  dairy  products,  oleomargarine,  reno- 
vated or  imitation  butter  and  cheese;  to  provide  for  the 
enforcement  of  its  provisions  and  for  the  punishment  of 
violations  thereof,  and  appropriating  money  therefor  and 
to  repeal  section  17  of  an  act  approved  March  4,  1897, 
entitled  "An  act  to  prevent  deception  in  the  manufacture 
and  sale  of  butter  and  cheese,  to  secure  its  enforcement, 
and  to  appropriate  money  therefor/'  and  to  repeal  all  acts 
and  parts  of  acts  inconsistent  with  this  act* 

(Approved  April  21,  1911.  Amendments  approved  May  4,  1915  ;  June  11, 
1915;  June  1,  1917;  May  5,  1919;  May  6,  1919.  Stats.  1911,  p.  959; 
1915,  pp.  332,  252,  1455  ;  1917,  p.  1654  ;  1919,  pp.  283,  297.) 

sale  of  SECTION  1.     No  person,  firm  or  corporation,  by  themselves 

rank?"        or  their  agents  or  employees,  shall  sell,  expose  for  sale,  or  offer 

prohibited      ^or  sa^6'  or  ^8.11  exchange,  present,  or  deliver  to  any  creamery, 

cheese   factory,   milk  condensing  factory,   or  other  buyer  or 

*For  list  of  dairy  laws,  which,  though  not  expressly  repealed,  have  been 
incorporated  in  or  superseded  by  certain  provisions  of  this  act,  see  "Cali- 
fornia State  Dairy  Laws,"  issued  by  the  Department  of  Agriculture, 
Division  of  Animal  Industry. 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  29 

consumer  of  milk  or  milk  products,  any  unclean,  unwholesome, 
stale,  or  impure  milk,  cream,  butter  or  condensed  or  evaporated 
milk,  or  other  article  produced  from  such  milk  or  cream,  neither 
shall  any  person  or  persons,  firm  or  corporation,  by  themselves 
or  their  agents  or  employees,  sell,  expose  for  sale,  or  offer  for 
sale,  or  exchange,  present  or  deliver  to  any  consumer,  cream- 
ery, cheese  factory,  milk  condensing  factory,  or  any  other  buyer 
or  consumer,  any  milk,  cream,  butter,  cheese,  condensed  milk 
or  other  products  manufactured  therefrom,  which  has  been 
produced  in  or  by  a  dairy,  or  factory  of  dairy  products,  or 
that  is  or  has  been  handled  in  any  store  or  depot,  that  is  in  an 
unsanitary  condition,  or  that  is  produced  from  cows  affected 
by  any  disease,  or  from  cows/witlgnf  five  days  after  or  fifteen 
days  preceding  parturition.^/^^^ 

SEC.  la.  Every  person,  firm  or  corporation,  not  a  common  Milk 
carrier,  who  receives  from  a  common  carrier  in  cans,  bottles, 
vessels,  or  other  containers,  any  milk,  cream  and  ice  cream 
intended  for  human  consumption,  which  has  been  transported 
over  any  railroad,  or  boat  or  freight  line,  or  by  other  common 
carrier,  or  auto  truck,  which  said  cans,  bottles,  vessels,  or  other 
containers,  are  to  be  returned  to  the  consignor  or  shipper, 
shall  cause  the  said  empty  cans,  bottles,  vessels,  or  other  con- 
tainers, to  be  thoroughly  cleansed  and  sterilized  by  boiling 
water  or  superheated  steam  before  return  shipment  of  the 
same;  provided,  further,  that  all  empty  cans,  bottles,  vessels, 
or  other  containers,  delivered  to  the  consumer  by  the  retailer 
shall  be  thoroughly  and  immediately  cleansed  before  returning 
the  same  to  the  dealer  or  distributor.  (Added,  Stats.  1917, 
p.  1657.) 

SEC.  2.  A  dairy  shall  be  deemed  unsanitary  within  the 
meaning  of  this  act,  among  other  causes  that  render  milk,  or 
products  made  therefrom,  unclean,  impure,  and  unhealthy,  in 
the  following  cases : 

(a)  If  the  drinking  water  is  stagnant,  polluted  with  manure, 
urine,  drainage,  decaying  vegetable  or  animal  matter. 

(6)  If  the  yards  or  enclosures  are  filthy  or  unsanitary  or  if 
any  part  of  such  yards  or  enclosures,  other  than  pastures,  are 
made  the  depositories  of  manure  in  heaps  or  otherwise  where 
it  is  allowed  to  ferment  and  decay. 

(c)  If  a  suitable  milk  house  or  room  is  not  provided  and 
maintained,  properly  screened  to  exclude  flies  and  insects,  for 
the  purpose  of  cooling,  mixing,  canning,  and  keeping  the  milk. 
Said  milk  house  or  room,  shall  not  be  located  in  or  be  a  part  of 
any  residence,  or  dwelling  house,  or  any  barn  or  poultry  house, 
and  shall  not  be  used  for  any  other  purpose  whatsoever. 

(d)  If  any  milk  or  cream  shall  be  cooled,  stored,  mixed, 
canned,  or  kept  in  any  room  or  place  which  is  occupied  by 
any  person  or  persons  as  a  sleeping  or  living  apartment,  or 
occupied  by  horses,  cows,  hogs  or  other  animals,  or  fowls  of 
any  kind,  and  if  the  milk  or  cream  shall  not  be  cooled  to  as 


30  STATE   DEPARTMENT  OP   AGRICULTURE. 

low  a  temperature  as  practicable  within  one  hour  after  it  is 
drawn  from  the  cows. 

(e)  If  any  urinal,  privy  vault,  open  cesspool,  horse  stable, 
pig  pen,  stagnant  water,  accumulation  of  manure  or  other  filth 
shall  be  permitted  within  one  hundred  feet  of  any  such  milk 
house  or  room  or  within  fifty  feet  of  any  cow  stalls  or 
stanchions  or  other  place  where  milking  is  done. 

(/)  If  the  walls  become  soiled  with  manure,  urine  or  other 
filth. 

(g)  If  to  the  interior  of  cattle  stables,  barns,  milking  sheds, 
milk  house  or  room,  an  application  of  lime  whitewash  is  not 
made  at  least  once  in  two  years,  or  oftener  if  in  the  judgment 
of  the  agent  of  the  state  dairy  bureau  it  is  needed,  or  if 
in  the  mangers,  or  other  receptacles  from  which  cows  are  fed, 
decaying  food  or  other  material  is  allowed  to  accumulate. 

(h)  If  the  pails,  cans,  bottles  or  other  containers  of  milk, 
or  its  products,  or  the  strainers,  coolers  or  other  utensils  coming 
in  contact  with  the  milk  or  its  products,  are  not  sterilized  by 
boiling  water  or  superheated  steam  each  and  every  time  the 
same  are  used. 

(*)  If  the  person  or  wearing  apparel  of  the  dairyman,  his 
employees,  or  other  persons,  who  come  in  contact  with  milk 
and  its  products,  are  soiled  or  not  washed  from  time  to  time 
with  reasonable  frequency.  (As  amended,  Stats.  1917, 
p.  1655.) 

^EC'  ^'  ^  creamery  or  any  factory  of  dairy  products,  or 
any  store,  depot  or  other  place  where  milk  is  handled  or  kept 
for  sale,  shall  be  deemed  unsanitary  under  the  meaning  of  this 
act,  among  other  causes  that  render  milk,  or  products  made 
therefrom,  unclean,  unwholesome,  impure,  stale  or  of  low 
grade  or  inferior  quality,  in  the  following  cases: 

(a)  If  milk  or  cream  is  received  that  has  reached  an 
advanced  stage  of  fermentation,  or  that  shows  a  state  of  putre- 
factive fermentation,  or  if  it  is  received  in  cans  or  other  con- 
tainers that  have  not  been  sterilized  by  means  of  boiling  water 
or  superheated  steam  after  each  delivery. 

(6)  If  the  utensils  and  apparatus  that  come  in  contact  with 
milk  or  its  products  in  the  process  of  manufacture  are  not 
thoroughly  washed  and  sterilized  by  means  of  boiling  water  or 
superheated  steam,  after  each  using. 

(c)  If  the  floor  is  so  constructed  as  to  permit  the  flowing  or 
soaking  of  water,  milk  or  other  liquids  underneath  or  among 
the  interstices  of  such  floor,  where  fermentation  and  decay 
may  take  place,  or  if  such  floor  may  not  be  readily  kept  free 
from  dirt. 

(d)  If  drains  are  not  provided  that  will  convey  refuse  milk, 
water  and  sewage  away  to  a  point  at  least  fifty  yards  distant 
from  such  creamery  or  factory  of  dairy  products,  or  if  any  cess- 
pool, privy  vault,  hog  yard,  slaughter  house,  manure  or  any 
decaying  vegetables  or  animal  matter,  shall  be  within  a  dis- 
tance that  will  permit  foul  odors  to  reach  any  such  creamery 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  31 

or  other  factory  of  dairy  products  or  store  or  depot  where  milk 
or  its  products  are  sold  or  handled. 

(e)  If  such  creamery  or  factory  of  dairy  products  does  not 
permit  access  of  light  and  air  sufficient  to  secure  good  ventila- 
tion. 

(/)  If  in  any  building  or  buildings  used  in  connection  with 
any  creamery,  or  factory  of  dairy  products,  any  insects  or  other 
species  of  animal  life  are  permitted,  or  if  upon  the  floor,  the 
sides  or  the  walls,  any  milk  or  its  products,  or  any  other  filth  is 
allowed  to  accumulate,  or  ferment,  or  decay,  or  if  the  bodies  or 
wearing  apparel  of  persons  employed,  or  coming  in  contact 
with  any  milk  or  its  products,  in  any  creamery,  or  factory  of 
any  dairy  products,  shall  be  unclean  and  not  washed  from  time 
to  time  with  reasonable  frequency. 

SEC.  4.  No  person,  firm  or  corporation  shall  hereafter  sell,  LwfM 
offer  for  sale,  or  receive  for  the  purpose  of  sale,  any  milk,  skim  Measure. 
milk  or  cream,  except  such  sale,  offer,  or  receipt,  shall,  as  to 
quantity,  be  based  upon  the  liquid  gallon,  containing  two  hun- 
dred and  thirty-one  cubic  inches,  or  the  liquid  quart  contain- 
ing fifty-seven  and  seventy-five  one  hundredths  cubic  inches, 
or  the  proper  and  complete  liquid  subdivision  thereof;  pro- 
vided, that  nothing  in  this  act  shall  be  construed  as  prohibiting 
the  buying  or  selling  of  milk  or  cream  either  by  weight  or  on 
the  basis  of  its  butter  fat  contents  ;  and  provided,  further,,  that 
in  any  hotel,  restaurant,  or  other  eating  place,  where  milk  is 
sold  with  meals,  or  where  it  is  sold  to  be  drunk  immediately, 
it  may  be  sold  by  the  glass. 

SEC.  5.     No  person,  firm  or  corporation  shall  sell,  exchange,  Pasteurized 
or  offer  or  expose,  or  have  in  its  possession  for  sale  or  exchange,  Sust  et< 


any   milk,   cream,   skim  milk,   ice   cream,   butter,   buttermilk, 
cheese  or  other  milk  products,  as  and  for  pasteurized  milk,  6f  this  act. 
cream,  skim  milk,  ice  cream,  butter,  buttermilk,  cheese  or  other 
milk  product,  as  the  case  may  be,  nor  use  the  word  "pas- 
teurized" or  any  of  its  derivatives  in  connection  with  the  sale, 
designation,  advertising,  labeling,  or  billing  of  any  milk,  cream, 
skim  milk,  ice  cream,  butter,  buttermilk,  cheese  or  other  milk 
products,  unless  the  same  and  all  products  of  milk  contained 
therein  or  used  in  the  manufacture  thereof  consist  exclusively 
of  milk,  skim  milk  or  cream  which  has  been  treated  by  the 
process  of  pasteurization,   as  defined  and  regulated  in  sub- 
division fifteen,  section  twenty-nine,  of  this  act.     It  shall  be  Butter  must 
unlawful  for  any  person,  firm  or  corporation  to  sell,  offer  for  ^rmsof" 
sale,  or  to  cause  or  permit  to  be  sold  or  offered  for  sale,  any  pounds- 
butter  in  prints  or  packages  or  otherwise  other  than  by  or  in 
terms  of  pounds  and  ounces,  avoirdupois,  or  for  a  greater 
weight    than    the    true    net    weight    thereof.      (As   amended, 
Stats.  1915,  p.  332.) 

SEC.  6.     Every  person,  firm  or  corporation  operating  any  Registration 
dairy,  where  more  than  four  cows  are  milked,  and  every  cream-  of 
ery,   cheese   factory,   receiving  station,   skimming  station,   ice 
cream  or  ice  milk  manufacturer,  or  milk  condensary,  shall  on 


32 


STATE   DEPARTMENT   OF   AGRICULTURE. 


Annual 


Producer  of 


on  wrapper. 


or  before  the  first  day  of  November  of  each  year,  cause  to  be 
registered  with  the  secretary  of  the  state  dairy  bureau*  a  state- 
ment showing  the  full  name  and  address  of  such  person,  firm 
or  corporation  so  operating  the  same,  and  also  the  full  name 
and  address  of  the  owner  or  owners  of  the  business  so  being 
operated,  in  case  the  person  operating  the  same  is  not  the 
owner,  together  with  a  statement  of  the  class  of  such  business 
carried  on  by  such  person  or  corporation,  and  the  number  of 
cows  then  being  milked,  in  case  of  a  dairy. 

SEC.  7.  The  secretary  of  the  state  dairy  bureau*  shall  pro- 
vide blanks  for  reporting  dairy  statistics,  and  he  shall  annu- 
ally, on  or  before  the  first  day  of  October  each  year,  cause  to  be 
mailed  to  each  person,  firm  or  corporation  engaged  in  operating 
any  dairy  making  butter  or  cheese  from  more  than  four  cows, 
and  to  all  dairies  where  more  than  four  cows  are  milked,  and 
to  all  creameries,  cheese  factories,  ice  cream  or  ice  milk  manu- 
facturers, and  milk  condensaries,  one  or  more  of  such  blanks, 
and  each  such  person,  firm  or  corporation  shall,  on  or  before 
the  first  day  of  November  following,  make  out  and  transmit  to 
said  secretary  of  the  state  dairy  bureau  a  full  and  accurate 
report  of  the  amount  of  butter,  .cheese  or  other  dairy  products, 
manufactured  or  produced  during  the  year  ending  September 
thirtieth,  and  the  dairies  shall  report  the  number  of  cows 
milked  during  said  year. 

SEC.  8.  In  case  any  butter  is  sold,  or  offered  for  sale,  in  a 
package  or  wrapper  purporting  to  designate  the  producer  of 
sucj1  footer,  such  producer  must  be  correctly  designated.  In 
case  any  butter  is  sold,  or  offered  for  sale,  in  a  package  or 
wrapper,  or  under  a  label  purporting  or  calculating  to  desig- 
nate the  place  of  production,  such  package,  wrapper,  or  label 
must  correctly  name  the  place  where  made  ;  or  if  such  pack- 
age, wrapper  or  label  bears  the  name  of  any  county,  city  and 
county,  city  or  town  in  this  state  or  any  other  geographical 
designation,  such  package,  wrapper,  or  label  must  also  cor- 
rectly name  the  pla.ce  where  made.  No  person,  firm  or  corpora- 
tion shall  put  up  in  package  or  wrapper,  or  otherwise  prepare 
for  shipment  or  sale,  any  butter  under  a  label  purporting  to 
designate  the  producer,  place  of  production,  or  bearing  the 
name  of  any  county,  city  and  county,  city  or  town  of  this  state, 
or  any  other  geographical  designation,  except  in  accordance 
with  the  provisions  hereof;  nor  shall  any  person,  firm  or  cor- 
poration sell  or  offer  for  sale  any  butter  in  a  package,  wrapper, 
or  under  a  label  purporting  to  designate  the  name  of  the  pro- 
ducer or  the  place  of  production  or  bearing  the  name  of  any 
county,  city  and  county,  city  or  town  of  this  state  or  geograph- 
ical designation,  except  in  accordance  with  the  provisions 

*By  section  8  of  the  Act  of  1919,  creating  a  Department  of  Agriculture 
(see  page  9  hereof),  the  duties  and  powers  of  the  State  Dairy  Bureau 
were  transferred  to  this  department.  Upon  the  organization  of  the  depart- 
ment, these  duties  were  assigned  to  the  Division  of  Animal  Industry. 
"State  Dairy  Bureau"  should  be  read  therefore,  "Department  of  Agri- 
culture, Division  of  Animal  Industry." 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  33 

hereof.     (As  amended,   Stats.   1915,  p.   352;  in  effect  Janu- 
ary 1,  1916.) 

SEC.  9.  For  the  purposes  of  this  act  certain  manufactured 
substances,  certain  extracts,  and  certain  mixtures  and  com- 
pounds,  including  such  mixtures  and  compounds  with  butter, 
milk  or  cream,  shall  be  known  and  designated  as  "oleomar- 
garine," namely:  All  substances  heretofore  known  as  oleo- 
margarine, oleo,  oleomargarine-oil,  butterine,  lardine,  suine, 
and  neutral ;  all  mixtures  and  compounds  of  oleomargine,  oleo, 
oleomargarine-oil,  butterine,  lardine,  suine  and  neutral;  all 
lard  extracts  and  tallow  extracts;  and  all  mixtures  and  com- 
pounds of  tallow,  beef-fat,  suet,  lard,  lard-oil,  cocoanut-oil, 
peanut-oil,  intestinal  fat,  and  offal-fat  made  in  imitation  or 
semblance  of  butter,  or  when  so  made,  calculated  or  intended 
to  be  sold  as  butter  or  for  butter;  or  butter  substitute;  and 
for  the  purposes  of  this  act,  every  article,  substance,  or  com- 
pound, other  than  that  produced  from  pure  milk,  or  cream 
from  the  same,  made  in  semblance  of  cheese,  and  designed  to 
be  used  as  a  substitute  for  cheese  made  from  pure  milk  or 
cream,  is  hereby  declared  to  be  imitation  cheese ;  provided,  that 
the  use  of  salt,  rennet,  and  harmless  coloring  matter  for  color- 
ing the  product  of  pure  milk  or  cream,  shall  not  be  construed 
to  render  such  product  an  imitation;  and  provided,  that 
nothing  in  this  section  shall  prevent  the  use  of  pure  skimmed 
milk  in  the  manufacture  of  cheese.  (As  amended,  Stats.  1919, 
p.  297.) 

SEC.  10.  No  person,  by  himself  or  his  agents  or  servants,  |jjj|  $ 
shall  render,  manufacture,  sell,  offer  for  sale,  expose  for  sale,  butter™ 
or  have  in  his  possession  with  intent  to  sell  or  to  use  or  to  serve  Prohiblte(1- 
to  patrons,  guests,  boarders,  or  inmates  in  any  hotel,  eating 
house,  restaurant,  public  conveyance  or  boarding  house,  or 
public  or  private  hospital,  asylum,  or  eleemosynary  or  penal 
institution,  any  article,  product  or  compound  made  wholly  or 
partly  out  of  any  fat,  oil,  or  oleaginous  substance  or  compound 
thereof,  not  produced  directly  and  at  the  time  of  manufacture 
from  unadulterated  milk  or  cream  from  the  same,  which 
article,  product,  or  compound  shall  be  colored  in  imitation  of 
butter  or  cheese  produced  from  unadulterated  milk  or  cream, 
or  be  made  to  resemble  yellow  butter  in  color,  by  whatever 
means  the  coloring  is  accomplished ;  provided,  that  nothing  in 
this  section  shall  be  construed  to  prohibit  the  manufacture  or 
sale,  under  the  regulations  hereinafter  provided,  of  substances 
or  compounds,  designed  to  be  used  as  an  imitation,  or  as  a 
substitute  for  butter  or  cheese  made  from  pure  milk  or  cream 
from  the  same,  in  a  separate  and  distinct  form  not  resembling 
butter  or  cheese,  and  in  such  a  manner  as  will  advise  the  pur- 
chaser and  consumer  of  its  real  character,  free  from  colora- 
tion or  ingredients  that  cause  it  to  look  like  butter  or  cheese 
made  from  pure  milk  or  cream,  the  product  of  the  dairy. 


3-49649 


34 


STATE    DEPARTMENT   OF   AGRICULTURE. 


Branding  of 
oleo- 
margarine. 


Absence  of 
markings. 


Shipping  of 
oleomar- 
garine. 


Marking  of 
oleomargarine 


SEC.  11.  Each  person,  who,  by  himself  or  another,  lawfully 
manufactures  any  oleomargarine,  or  any  substance  designed  to 
be  used  as  a  substitute  for  butter  or  cheese,  shall  mark  the  same 
by  branding,  stamping,  or  stenciling  upon  the  top  and  sides 
of  each  tub,  firkin,  box,  or  other  package  in  which  such  article 
or  substance  shall  be  kept,  and  in  which  it  shall  be  removed 
from  the  place  where  it  is  produced  or  put  up,  in  a  clear  and 
durable  manner,  in  the.  English  language,  the  words  "oleo- 
margarine," or  "substitute  for  butter,"  or  "substitute  for 
cheese,"  as  the  case  may  be,  in  printed  letters  in  plain  roman 
type,  each  of  which  shall  not  be  less  than  one  inch  in  height 
by  one-half  inch  in  width,  and  in  addition  to  the  above  shall 
prepare  a  statement,  printed  in  plain  roman  type,  of  a  size 
not  smaller  than  pica,  stating  in  the  English  language  its  name, 
and  the  name  and  address  of  the  manufacturer,  the  name  of 
the  place  where  manufactured  or  put  up,  and  also  the  names 
and  actual  percentages  of  the  various  ingredients  used  in  the 
manufacture  of  such  oleomargarine,  imitation  butter  or  imita- 
tion cheese;  and  shall  place  a  copy  of  said  statement  within 
and  upon  the  contents  of  each  tub,  firkin,  box,  of  other  package, 
and  next  to  that  portion  of  each  tub,  firkin,  box  or  other 
package,  as  is  commonly  and  most  conveniently  opened,  and 
shall  label  the  top  and  sides  of  each  tub,  firkin,  box,  or  other 
package  by  affixing  thereto  a  copy  of  said  statement,  in  such 
manner,  however,  as  not  to  cover  the  whole  or  any  part  of  said 
mark  of  "oleomargarine,"  "substitute  for  butter,"  or  "substi- 
tute for  cheese."  The  absence  of  the  markings  and  labelings 
specified  in  section  11  hereof  shall  always  be  construed  as  a 
representation  that  the  contents  of  substance  in  question  is 
butter,  or  cheese,  as  the  case  may  be. 

SEC.  12.  No  person,  by  himself  or  another,  shall  knowingly 
ship,  consign,  or  forward  by  any  common  carrier,  whether 
public  or  private,  any  oleomargarine,  or  any  substance 
designed  to  be  used  as  a  substitute  for  butter  or  cheese,  unless 
the  same  be  marked  and  contain  a  copy  of  the  statement,  and 
be  labeled  as  provided  by  section  eleven  of  this  act ;  and  no 
carrier  shall  knowingly  receive  the  same  for  the  purpose  of 
forwarding  or  transporting,  unless  it  shall  be  manufactured, 
marked,  and  labeled  as  hereinbefore  provided,  and  unless  it  is 
consigned  and  by  the  carrier  receipted  for  by  its  true  name ; 
provided,  that  this  act  shall  not  apply  to  any  goods  in  transit 
between  foreign  states  across  the  State  of  California. 

SEC.  13.  No  person  or  his  agent  shall  knowingly  have  in 
his  possession  or  under  his  control  any  oleomargarine,  or  any 
substance  designed  to  be  used  as  a  substitute  for  butter  or 
cheese,  unless  the  tub,  firkin,  box  or  other  package  containing 
the  same,  shall  be  clearly  and  durably  marked  and  labeled  as 
provided  by  section  eleven  of  this  act,  and  also  contain  a  copy 
of  the  statement  required  by  said  section  eleven  of  this  act ; 
and  if  the  tub,  firkin,  box,  or  other  package  be  opened,  then  a 
copy  of  the  statement  described  in  said  section  eleven  of  this 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  35 

act  shall  be  kept  with  its  face  up,  upon  the  exposed  contents 
of  said  tub,  firkin,  box,  or  other  package;  provided,  that  this 
section  shall  not  be  deemed  to  apply  to  persons  who  have  the 
same  in  their  possession  for  the  actual  consumption  of  them- 
selves or  family,  and  for  no  other  purpose. 

SEC.  14.  No  person,  by  himself  or  another,  shall  sell,  or  sale  of 
offer  for  sale,  or  take  orders  for  the  future  delivery  of  any 
oleomargarine,  or  any  substance  designed  to  be  used  as  a  sub- 
stitute for  butter  or  cheese,  under  the  name  of  butter,  or  under 
the  pretense  that  the  same  is  butter  or  cheese ;  and  no  person, 
by  himself  or  another,  shall  sell  any  substance  designed  to 
be  used  as  a  substitute  for  butter  or  cheese,  unless  he  shall 
inform  the  purchaser  distinctly,  at  the  time  of  the  sale,  of  its 
true  name  and  character,  and  that  the  same  is  a  substitute  for 
butter  or  cheese,  as  the  case  may  be,  and  shall  deliver  to  the 
purchaser,  at  the  time  of  the  sale,  a  separate  and  distinct  copy 
of  the  statement  described  in  section  eleven  of  this  act;  and  no 
person  shall  use  in  any  way  in  connection  or  association  with 
the  sale,  or  exposure  for  sale,  or  advertisement  of  any  oleomar- 
garine or  any  substance  designed  to  be  used  as  a  substitute 
for  butter  or  cheese,  the  words  "butterine,"  "creamery,"  or 
1 '  dairy, ' '  or  the  representation  of  a  cow  or  any  breed  of  dairy 
cattle,  or  any  combination  of  such  words  and  representations, 
or  .any  other  words  or  symbols,  or  combinations  thereof,  com- 
monly used  by  the  dairy  industry  in  the  sale  of  butter  or 
cheese. 

SEC.  15.  No  keeper  or  proprietor  of  any  bakery,  hotel,  Notice  by- 
boarding-house,  restaurant,  saloon,  lunch  counter,  or  other  keepers, 
place  of  public  entertainment,  and  no  person  having  charge 
thereof  or  employed  thereat,  and  no  person  furnishing  board, 
for  others  than  members  of  his  own  family,  and  no  employee 
where  such  board  is  furnished  as  the  compensation  or  as  a  part 
of  the  compensation  of  any  employee,  shall  place  before  any 
patron  or  employee,  for  use  as  food,  any  oleomargarine,  or  any 
substance  designed  to  be  used  as  a  substitute  for  butter  or 
cheese,  unless  the  same  be  accompanied  by  a  copy  of  the  state- 
ment described  in  section  eleven  of  this  act,  and  by  a  verbal 
notification  to  said  patron  that  such  substance  is  a  substitute 
for  butter  or  cheese. 

SEC.  16.     No  action  can  be  maintained  on  account  of  any  Maintaining 
.sale  or  other  contract  made  in  violation  of,  or  with  intent  to  contract" 
violate,  this  act,  by  or  through  any  person,  who  was  knowingly 
a  party  to  such  wrongful  sale  or  other  contract. 

Every  person  having  possession  or  control  of  any  oleomar- 
garine, or  any  substance  designed  to  be  used  as  a  substitute  for 
butter  or  cheese,  which  is  not  marked  as  required  by  the  pro- 
visions of  this  act  shall  be  presumed  to  have  known,  during  the 
time  of  such  possession  or  control,  that  the  same  was  imitation 
butter,  or  imitation  cheese,  as  the  case  may  be. 

SEC.  17.  No  person  shall  efface,  erase,  cancel,  or  remove 
any  mark,  statement,  or  label  required  by  this  act,  with  intent 


36 


STATE   DEPARTMENT  OF   AGRICULTURE. 


Butter  used 
institutions? 


oieomar- 


warrant 
to  take 
samples. 


EacJ 
be  marked, 


Renovated 
defined. 


to  mislead,  deceive,  or  with  intent  to  violate  any  of  the  pro- 
visions of  this  act. 

SEC.  18.  No  butter  or  cheese  not  made  wholly  from  pure 
niilk  or  cream,  salt,  and  harmless  coloring  matter,  shall  be 
used  in  any  of  the  charitable  or  penal  institutions  that  receive 
assistance  from  the  state. 

^EC'  ^'  Whoever  shall  have  possession  or  control  of  any 
imitation  butter  or  imitation  cheese  or  any  oleomargarine,  or 
any  substance  designed  to  be  used  as  a  substitute  for  butter 
or  cheese,  or  any  renovated  butter,  contrary  to  the  provisions 
of  this  act,  shall  be  construed  to  have  possession  of  property 
with  intent  to  use  it  as  a  means  of  committing  a  public  offense, 
within  the  meaning  of  chapter  three,  of  title  twelve,  or  part 
two,  of  an  act  to  establish  a  penal  code  ;  provided,  that  it  shall 
^e  ^e  duty  of  the  officer  who  serves  a  bench  warrant  issued 
for  imitation  butter  or  imitation  cheese,  or  oleomargarine,  or 
anv  su|3Stance  designed  to  be  used  as  a  substitute  for  butter 
or  cheese,  or  any  renovated  butter,  to  deliver  to  the  agent  or 
inspector  of  the  state  dairy  bureau,*  or  to  any  person  by  such 
dairy  bureau  authorized  in  writing  to  receive  the  same,  a  per- 
fect sample  of  each  article  seized  by  virtue  of  such  warrant, 
for  the  purpose  of  having  the  same  analyzed,  and  forthwith  to 
return  to  the  person  from  whom  it  was  taken  the  remainder  of 
each  article  seized  as  aforesaid.  If  any  sample  be  found  to  be 
imitation  butter  or  imitation  cheese,  or  oleomargarine,  or  a 
substance  designed  to  be  used  as  a  substitute  for  butter  or 
cheese,  or  renovated  butter,  it  shall  be  returned  to  and  retained 
by  the  magistrate  as  and  for  the  purpose  contemplated  by 
section  fifteen  hundred  and  thirty-six  of  an  act  to  establish  a 
penal  code;  but  if  any  sample  be.  found  not  to  be  imitation 
butter  or  imitation  cheese,  or  oleomargarine,  and  not  a  sub- 
stance designed  to  be  used  as  a  substitute  for  butter  or  cheese, 
or  renovated  butter,  it  shall  be  returned  forthwith  to  the  person 
from  whom  it  was  taken. 

SEC.  20.  No  person,  firm  or  corporation,  by  themselves  or 
their  agents  or  employees,  shall  sell,  offer  for  sale,  or  expose 
for  sale,  or  have  in  his,  its,  or  their  possession  for  sale,  any 
oleomargarine  or  any  renovated  butter,  unless  the  same  shall 
have  printed  upon  each  and  every  package,  roll,  print,  square, 
and  upon  any  container  of  such  renovated  butter,  or  oleomar- 
garine, the  words  "renovated  butter,"  or  the  word  "oleomar- 
garine," as  the  case  may  be,  in  letters  not  less  than  one-half 
inch  in  height,  and  who  shall  not  have  secured  from  the  state 
dairy  bureau,  now  existing  under  the  laws  of  this  state,  a 
license  as  provided  hereinafter. 

SEC.  21.  The  term  renovated  butter  as  used  in  this  act  is 
hereby  denned  to  mean  and  include  butter  that  has  been 
reduced  to  a  liquid  state  by  melting  and  drawing  off  such 
liquid  or  butter  oil  and  churning  or  otherwise  manipulating  it 
in  connection  with  milk  or  any  product  thereof. 

*See  note,  page  32  hereof. 


LAWS    RELATING    TO   ANIMAL   INDUSTRY.  37 

SEC.  22.  No  person,  firm  or  corporation,  shall  engage  in  the  License  to 
business  or  occupation  of  manufacturing,  selling,  dealing  in,  or 
furnishing  renovated  butter,  oleomargarine,  or  any  substance 
designed  to  be  used  as  a  substitute  for  butter,  without  first 
having  applied  for  and  obtained  a  license  so  to  do,  as  herein- 
after provided.  Any  person,  firm  or  corporation,  desiring  to  Appiication 
engage  in  the  business  or  occupation  of  manufacturing,  selling,  for  license, 
dealing  in  or  furnishing  to  his,  its  or  their  patrons,  oleomar- 
garine, or  any  substance  designed  to  be  used  as  a  substitute 
for  butter,  or  imitation  butter,  or  adulterated  butter,  or  reno- 
vated butter,  as  in  this  act  defined,  shall  first  make  applica- 
tion each  year  to  the  state  dairy  bureau*  for  a  license  and  upon 
payment  of  a  license  fee  of  the  amount  mentioned  herein,  to 
the  state  dairy  bureau,  said  bureau  shall  issue  to  the  applicant 
a  license.  All  such  licenses  shall  contain  the  following  proviso : 
provided,  that  this  license  does  not  authorize  the  holder  thereof 
to  manufacture,  sell,  deal  in  or  furnish  any  oleomargarine,  or 
similar  substances  designed  to  be  used  as  a  substitute  for 
butter,  which  contain  any  coloring  matter  or  which  resemble 
yellow  butter  in  appearance.  All  said  licenses  shall  expire  on 
June  30th  of  each  year,  and  may  be  issued  in  periods  of  one 
3Tear,  or  less  than  one  year,  upon  payment  of  a  proportionate 
part  of  the  license  fee.  The  fees  for  issuing  said  licenses  are 
hereby  fixed  at  the  amounts  below  named,  annually.  The  fee  Pees 
for  issuing  said  license  to  manufacturers  of  any  of  said  sub- 
stances within  this  state  shall  be  one  hundred  dollars,  and 
if  issued  to  wholesale  dealers  in,  or  importers  or  agents  for 
importers  of  any  of  said  substances  the  fee  shall  be  fifty 
dollars,  and  if  issued  to  retail  dealers  in  any  of  said  substances 
the  fee  shall  be  five  dollars,  and  if  issued  to  the  keeper  of  any 
hotel,  restaurant,  boarding-house  or  other  place  where  meals 
are  served  and  payment  is  received  therefor,  either  immediately 
or  by  the  day,  week  or  month,  the  fee  shall  be  two  dollars. 
The  term  wholesale  dealer  as  used  in  this  section  twenty-two 
hereof  includes  all  persons,  firms  or  corporations,  who  sell  any 
of  said  substances  in  quantities  of  ten  pounds  or  more  at  a  time 
or  in  the  same  transaction.  The  term  retail  dealer  includes  all 
persons  who  sell  only  in  quantities  of  less  than  ten  pounds. 
All  licenses,  while  in  force,  shall  be  kept  conspicuously  dis-  Display  of 
played  in  the  place  of  business  of  the  party  or  parties  to  whom  ll( 
they  have  been  issued. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation,  to 
manufacture,  buy,  sell,  deal  in,  or  furnish  to  his,  its  or  their  iSt 
patrons,  or  to  have  in  possession,  for  any  purpose  whatsoever  license- 
other  than  for  consumption  in  his  own  family,  or  for  trans- 
portation in  case  of  a  boat  or  railroad  company,  or  for  the 
purpose  of  storage  in  case  of  a  warehouse  or  cold  storage  com- 
pany, any  oleomargarine,  or  similar  substance  designed  to  be 
used  as  a  substitute  for  butter,  or  any  substance  resembling 
butter,  but  not  made  wholly  from  pure  milk  or  cream,  or  any 

*See  note,  page  32  hereof. 


38 


STATE   DEPARTMENT   OF   AGRICULTURE. 


Disposition 
of  fees. 


Records  of 
sales,  etc. 


Records  open 
to  inspection. 


Failure  to 
keep  records. 


Weighing  and 

sampling 

milk. 


imitation  butter,  or  adulterated  butter,  or  renovated  butter, 
as  in  this  act  defined,  without  first  having  applied  for  and 
obtained  from  the  state  dairy  bureau  of  the  State  of  California 
the  license  herein  required. 

SEC.  23.  All  license  fees  paid  to  the  state  dairy  bureau* 
under  this  act  shall  be  paid  by  said  bureau  into  the  state 
treasury,  and  shall  be  added  to  the  appropriation  made  for  the 
same  fiscal  year  for  the  state  dairy  bureau,  and  its  expenditure 
shall  be  at  the  disposal  of  said  -bureau  for  its  use. 

SEC.  24.  Every  person,  firm  or  corporation,  who  is  required 
by  the  provisions  of  section  twenty-two  hereof  to  obtain  and 
hold  a  manufacturer's  or  a  wholesaler's  or  importer's  license 
shall  keep  a  correct  record  in  a  form  separate  from  all  other 
business,  in  which  every  sale  and  purchase  of  renovated  butter, 
imitation  butter,  oleomargarine,  or.  any  substitute  for  butter 
or  substance  designed  to  be  used  as  a  substitute  for  butter,  or 
resembling  butter,  which  substance  is  not  made  wholly  from 
pure  milk  or  cream,  or  any  imitation  cheese  or  imitation  dairy 
products  of  any  kind,  shall  be  recorded  at  the  time  of  the 
transaction,  giving  in  detail  the  quantity  sold  or  purchased, 
the  name  and  location  of  the  buyer  or  seller,  the  date,  and  the 
place  to  which  it  was  shipped  or  delivered,  and  by  whom  the 
order  or  sale  was  put  up  and  delivered.  Every  warehouse, 
cold  storage  company,  boat,  railroad  or  other  transportation 
company  shall  keep  a  correct  record  of  all  oleomargarine,  imi- 
tation butter,  renovated  butter,  substitute  for  butter,  imitation 
cheese,  or  other  imitation  dairy  products,  which  at  any  time 
may  be  in  their  possession,  or  which  may  be  transported  or 
stored  by  them,  showing  the  owner,  the  quantity  and  kind  of 
goods,  the  date  when  stored,  and  when  removed,  in  case  of 
warehouses  and  cold  storage  companies,  and  showing  the  char- 
acter of  goods  billed,  the  quantity,  the  name  and  address  of 
consignor  and  consignee,  and  the  date  of  transportation,  in 
case  of  boats  and  railroad  companies. 

All  said  records  herein  required  to  be  kept  shall,  at  all  times 
during  business  hours,  be  open  to  the  inspection  of  the  agents 
and  inspectors  of  the  state  dairy  bureau*  and  of  any  officer  of 
any  city  or  county  board  of  health,  and  of  any  peace  officer 
of  any  city  or  any  county  of  the  state. 

A  failure  to  keep  any  of  the  records  herein  required  to  be 
kept  or  to  permit  the  inspection  of  such  records,  by  any 
inspector  or  agent  of  the  state  dairy  bureau,  or  of  any  city 
or  county  board  of  health,  or  by  any  peace  officer  of  any  city 
or  county,  as  herein  required,  is  hereby  declared  to  be  a 
misdemeanor,  and  punishable  as  provided  herein. 

SEC.  25.  It  shall  be  unlawful  for  any  hauler  of  milk,  or 
cream,  or  any  person,  firm  or  corporation  receiving  or  purchas- 
ing milk  or  cream  by  weight  or  test  or  both,  or  by  measure 
or  test  or  both,  to  fraudulently  manipulate  the  weight,  measure 
or  test  of  milk  or  cream  of  any  person  or  to  take  unfair  sam- 


*See  note,  page  32  hereof. 


LAWS    RELATING   TO   ANIMAL    INDUSTRY.  39 

pies  thereof,  or  to  fraudulently  manipulate  such  samples. 
The  hauler  or  other  agent  shall  weigh  or  measure  the  milk  or 
cream  of  each  patron  accurately  and  correctly  and  shall  report 
such  weights  or  measurements  accurately  and  correctly  to  the 
creamery  or  factory.  He  shall  thoroughly  mix  the  milk  or 
cream  of  each  patron  by  pouring  or  stirring  until  such  milk 
or  cream  is  uniform  and  homogeneous  in  richness,  before 
the  sample  is  taken  from  such  milk  or  cream.  When  the 
weighing  or  sampling  is  done  at  the  creamery,  shipping 
station  or  factory,  the  same  rule  shall  apply. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation,  Testins milk- 
by  himself  or  as  the  agent,  servant,  employee  or  officer  of  any 
person,  firm  or  corporation  receiving  or  purchasing  milk  or 
cream  on  the  basis  of  the  amount  of  butter  fat  contained 
therein,  to  under-read,  over-read  or  otherwise  fraudulently 
manipulate  the  Babcock  test  used  for  determining  the  per 
cent  of  butter  fat  in  milk  or  cream,  or  to  falsify  the  records 
thereof  cr  to  read  the  test  at  any  other  temperature  than  the 
correct  one,  which  is  one  hundred  thirty  degrees  to  one  hun- 
dred forty  degrees  Fahrenheit,  or  to  pay  on  the  basis  of  any 
measurement  or  weight  except  the  true  measurement  or  weight 
which  is  seventeen  and  six-tenths  cubic  centimeters  for  milk 
and  nine  grams  or  eighteen  grams  for  cream ;  provided,  that 
in  all  tests  for  cream  the  cream  shall  be  weighed  into  the  test 
bottle.  All  testing  of  milk  or  cream  purchased  on  the  basis  Licensed 
of  the  amount  of  butter  fat  contained  therein,  shall  be  done  tei 
by  a  licensed  tester  who  shall  supervise  and  be  responsible 
for  the  operation  of  the  Babcock  test  of  milk  or  cream.  The 
license  shall  be  issued  to  such  person  by  the  state  dairy 
bureau*  whose  duty  it  shall  be  to  examine  into  the  qualifica- 
tions of  all  applicants  for  such  license,  and  every  such  appli- 
cant shall  satisfy  said  bureau  of  his  qualifications  and  comply 
with  the  provisions  herein  before  any  license  shall  be  issued 
to  him. 

Every  creamery,  shipping  station,  milk  factory,  cheese  cePse? 
factory,  ice  cream  factory,  condensory,  or  any  person,  firm 
or  corporation  receiving  or  purchasing  milk  or  cream  on  the 
basis  of  butter  fat  contained  therein,  shall  be  required  to  hold 
a  license  so  to  do.  The  license  shall  be  issued  to  such  cream- 
ery, shipping  station,  milk  factory,  condensory,  ice  cream 
factory,  cheese  factory,  or  person,  firm  or  corporation  by  the 
state  dairy  bureau  upon  complying  with  all  sanitary  laws, 
rules  and  regulations  of  the  State  of  California  and  upon 
complying  with  the  provisions  of  this  act  and  upon  payment 
of  a  license  fee  as  provided  for  in  this  section. 

All  licenses  required  herein  shall  expire  on  the  thirty-first 
day  of  December  of  each  year  and  the  fee  for  issuing  same  year. 
shall  be  one  dollar  for  a  full  year  or  twenty-five  cents  for 
each  remaining  quarter  or  fraction  thereof.     The  licenses  may 
be  revoked  by  the  state  dairy  bureau  if,  after  due  notice,  the 

*See  note,  page  32  hereof. 


STATE   DEPARTMENT   OF   AGRICULTURE. 


License  fees 
to  be 
paid  into 
state 
treasury. 

Inspection 
of  Babcock 
test  bottles. 


Specifications 
for  standard 
Babcock 
testing 
glassware. 


licensee  fails  or  has  failed  to  comply  with  the  laws,  rules, 
and  regulations  under  which  the  license  was  granted;  pro- 
vided, that  the  provisions  of  this  section  shall  not  apply  to 
individuals,  hotels,  restaurants,  or  boarding  houses  buying 
milk  or  cream  for  private  use. 

The  money  for  license  fees  as  provided  for  in  this  section 
shall  be  paid  by  the  state  dairy  bureau  into  the  state  treasury 
and  shall  become  a  ^art  of  the  funds  for  the  use  of  the  state 
dairy  bureau.  (As  amended.  Stats.  1919,  p.  298.) 

SEC.  26.  Every  person,  firm  or  corporation  receiving  or 
purchasing  milk  or  cream  on  the  basis  of  the  amount  of  butter 
fat  contained  therein  as  determined  by  the  Babcock  test,  shall 
use  the  standard  Babcock  test  bottles,  pipettes  and  accurate 
weights  and  scales  as  defined  in  this  act,  and  all  Babcock  test 
bottles  and  pipettes  shall  have  been  inspected  for  accuracy  by 
the  state  dairy  bureau*  or  its  agent  and  shall  be  legibly  and 
indelibly  marked  by  the  state  dairy  bureau  or  its  agent  with 
the  letters  "D.  B." 

It  shall  be  unlawful  for  any  firm  or  corporation  or  any  of 
their  agents  to  use  any  other  than  standard  test  bottles  and 
pipettes  which  have  been  examined  and  marked  as  provided 
by  this  section,  to  determine  the  amount  of  fat  in  milk  or 
cream  received  or  purchased  on  the  butter  fat  basis. 

For  all  testing  of  glassware  by  the  said  state  dairy  bureau 
or  its  agent,  a  fee  of  five  cents  shall  be  paid  by  the  owner  of 
said  glassware  to  the  state  dairy  bureau  for  every  piece  of 
glassware  so  examined,  and  said  fee  shall  be  used  by  the  state 
dairy  bureau  to  defray  the  cost  of  testing  such  glassware. 
(Added,  Stats.  1917,  p.  1659.) 

SEC.  27.  The  term  "standard  Babcock  testing  glassware" 
shall  apply  to  glassware  and  weights  complying  to  the  follow- 
ing specifications:  (a)  Graduation  for  milk  test  bottles.  The 
total  per  cent  graduation  shall  be  eight.  The  graduated  por- 
tion of  the  neck  shall  have  a  length  of  not  less  than  sixty-three 
and  five-tenths  millimeters  (two  and  one-half  inches)  and  the 
graduation  shall  represent  whole  per  cent,  five-tenths  per  cent, 
and  tenths  per  cent.  The  tenths  per  cent  graduation  shall  not 
be  less  than  three  millimeters  in  length ;  the  five-tenths  per  cent 
graduations  shall  be  one  millimeter  longer  than  the  tenths 
per  cent  graduations,  projecting  one  millimeter  to  the  left;  the 
whole  per  cent  graduations  shall  extend  at  least  one-half  way 
around  the  neck  to  the  right  and  projecting  two  millimeters  to 
the  left  of  the  tenths  per  cent  graduations.  Each  per  cent 
graduation  shall  be  numbered,  the  number  being  placed  on  the 
left  of  the  scale.  The  error  at  any  point  of  the  scale  shall  not 
exceed  one-tenth  per  cent. 

The  neck  shall  be  cylindrical  and  the  cylindrical  shape  shall 
extend  for  at  least  nine  millimeters  below  the  lowest  and 
above  the  highest  graduation  mark.  The  top  of  the  neck 
shall  be  flared  to  a  diameter  of  not  less  than  ten  millimeters. 

*See  note,  page  32  hereof. 


LAWS    RELATING    TO   ANIMAL   INDUSTRY. 

The  capacity  of  the  bulb  up  to  the  junction  of  the  neck  shall 
not  be  less  than  forty-five  cubic  centimeters.  The  shape  of  the 
bulb  may  be  either  cylindrical  or  conical  with  the  smallest 
diameter  at  the  bottom.  If  cylindrical,  the  outside  diameter 
shall  be  between  thirty- four  and  thirty-six  millimeters;  if 
conical,  the  outside  diameter  of  the  base  shall  be  between 
thirty-one  and  thirty-three  millimeters,  and  the  maximum 
diameter  between  thirty-five  and  thirty-seven  millimeters.  The 
charge  of  the  bottle  shall  be  eighteen  grams.  The  total  height 
of  the  bottom  shall  be  between  one  hundred  fifty  and  one  hun- 
dred sixty-five  millimeters  (five  and  seven-eighths  and  six  and 
one-half  inches) . 

(&)  Two  types  of  bottles  shall  be  accepted  as  standard 
cream  test  bottles,  a  fifty  per  cent  nine  gram  long-neck  bottle, 
and  a  fifty  per  cent  eighteen  gram  long-neck  bottle. 

Fifty  per  cent,  nine  gram,  long-neck  bottle:  Graduation — 
The  total  per  cent  graduation  shall  be  fifty.  The  graduated 
portion  of  the  neck  shall  have  a  length  of  not  less  than  one 
hundred  twenty  millimeters  (four  and  three-quarters  inches). 
The  graduation  shall  represent  five  per  cent,  one  per  cent  and 
five-tenths  per  cent.  The  five  per  cent  graduations  shall  extend 
at  least  half  way  around  the  neck  (to  the  right).  The  five- 
tenths  per  cent  graduations  shall  be  at  least  three  millimeters 
in  length  and  the  one  per  cent  graduations  shall  have  a 
length  intermediate  between  the  five  per  cent  and  the  five-tenths 
per  cent  graduations.  Each  five  per  cent  graduation  shall 
be  numbered,  the  number  being  placed  on  the  left  of  the  scale. 

Neck — The  neck  shall  be  cylindrical  and  of  uniform  internal 
diameter  throughout.  The  cylindrical  part  of  the  neck  shall 
extend  at  least  five  millimeters  below  the  lowest  and  above  the 
highest  graduation  mark.  The  top  of  the  neck  shall  be  flared 
to  a  diameter  of  not  less  than  ten  millimeters. 

Bulb — The  capacity  of  the  bulb  up  to  the  junction  of  the 
neck  shall  not  be  less  than  forty-five  cubic  centimeters.  The 
shape  of  the  bulb  may  be  either  cylindrical  or  conical  with 
the  smallest  diameter  at  the  bottom.  If  cylindrical  the  outside 
diameter  shall  be  between  thirty-four  and  thirty-six  milli- 
meters; if  conical,  the  outside  diameter  of  the  base  shall  be 
between  thirty-one  and  thirty-three  millimeters  and  the  maxi- 
mum diameter  between  thirty-five  and  thirty-seven  millimeters. 

The  charge  of  the  bottle  shall  be  nine  grams.  All  bottles 
shall  bear  on  top  of  the  neck  above  the  graduations,  in  plain 
legible  characters,  a  mark  defining  the  weight  of  the  charge  to 
be  used  (9  grams). 

The  total  height  of  the  bottle  shall  be  two  hundred  ten  to 
two  hundred  thirty-five  millimeters  (eight  and  one-fourth 
to  nine  and  one-quarter  inches)  and  the  maximum  error  in 
the  total  graduation  or  in  any  part  thereof  shall  not  exceed 
fifty  per  cent  of  the  volume  of  the  smallest  unit  of  the  gradua- 
tion. 


42 


STATE   DEPARTMENT   OF    AGRICULTURE. 


Speed  of 
tester. 


Adulterated 
milk. 


"Product 
of  milk." 


The  fifty  per  cent,  eighteen  gram,  long-neck  bottle.  The 
same  specifications  in  every  detail  as  specified  for  the  fifty  per 
cent,  nine  gram,  long-neck  bottle,  shall  apply,  with  the  excep- 
tion that  the  charge  of  the  bottle  shall  be  eighteen  grams,  and 
the  mark  defining  the  weight  of  the  charge  placed  at  the  top 
of  the  neck  shall  be  eighteen. 

The  total  length  of  the  standard  Babcock  pipette  shall  be 
not  more  than  three  hundred  thirty  millimeters  (thirteen  and 
one-fourth  inches).  Outside  diameter  of  suction  tube,  six  to 
eight  millimeters.  Length  of  suction  tube,  one  hundred  thirty 
millimeters.  Outside  diameter  of  delivery  tube  four  and  five- 
tenths  to  five  and  five-tenths  millimeters.  The  length  of  deliv- 
ery tube  one  hundred  to  one  hundred  twenty  millimeters. 
Distance  of  graduation  mark  above  bulb,  thirty  to  sixty  milli- 
meters. Nozzle  straight.  Delivery  seventeen  and  six-tenths 
cubic  centimeters  of  water  at  twenty  degrees  centigrade  in  five 
to  eight  seconds. 

The  sensibility  of  all  scales  used  for  weighing  cream  samples 
into  the  test  bottles  shall  be  not  more  than  thirty  milligrams 
and  the  standard  weights  shall  be  nine  grams  and  eighteen 
grams. 

In  all  testing  of  milk  or  cream  where  the  same  is  received 
or  purchased  upon  the  basis  of  the  amount  of  butter  fat  con- 
tained therein,  the  Babcock  tester  shall  be  operated  at  the 
proper  speed,  which  is  as  follows : 

For  tester  with  diameter  of  fourteen  inches  the  speed  shall 
be  between  eight  hundred  twenty-five  and  nine  hundred 
seventy-five  revolutions  per  minute. 

For  tester  with  diameter  of  sixteen  inches,  the  speed  shall  be 
between  eight  hundred  twenty-five  and  eight  hundred  seventy- 
five  revolutions  per  minute. 

For  tester  with  diameter  of  eighteen  inches,  the  speed  shall  be 
between  seven  hundred  seventy-five  and  eight  hundred  twenty- 
five  revolutions  per  minute. 

For  tester  with  diameter  of  twenty  inches,  the  speed  shall  be 
between  seven  hundred  twenty-five  and  seven  hundred  seventy- 
five  revolutions  per  minute. 

For  tester  with  a  diameter  of  twenty-four  inches,  the  speed 
shall  be  between  five  hundred  seventy-five  and  six  hundred 
twenty-five  revolutions  per  minute.  (As  amended,  Stats.  1919, 
p.  300.) 

SEC.  28.  It  shall  be  unlawful  for  any  person  to  produce, 
manufacture  or  prepare  for  sale,  or  to  sell  or  offer  for  sale,  or 
have  on  hand  for  sale,  any  milk,  including  condensed  or  evap- 
orated milk,  or  any  product  of  milk,  that  is  adulterated  within 
the  meaning  of  this  act.  The  words  "product  of  milk"  as 
used  in  this  act,  shall  not  apply  to  any  product  into  which 
milk,  or  a  product  of  milk,  may  enter  as  an  ingredient  or  com- 
ponent of  a  food  product  that  does  not  consist  of  milk,  or  milk 
product's  alone,  such  as  pastry,  and  confectionery;  provided, 
that  this  section  shall  not  be  construed  to  prevent  the  use  of 


LAWS   RELATING   TO    ANIMAL   INDUSTRY.  43 

common  salt  (chloride  of  sodium)  in  dairy  products.  Any  Labels  to 
label,  printed  matter,  or  advertising  or  descriptive  matter co 
appearing  upon,  or  in  connection  with  any  package,  parcel  or 
quantity  of  milk  or  milk  products  when  being  sold,  offered  for 
sale,  or  having  on  hand  for  sale,  and  having  reference  to  the 
article  being  sold,  offered  for  sale,  or  on  hand  for  sale,  shall 
conform  to  the  provisions  of  this  act,  and  if  it  fails  to  conform 
to  the  provisions  of  this  act,  such  article  shall  be  deemed 
adulterated  within  the  meaning  of  this  act.  It  shall  be  unlaw- 
ful for  any  person  under  this  act,  when  selling,  or  offering  for 
sale,  or  having  on  hand  for  sale,  milk  or  any  product  of  milk 
to  use  the  words  "milk,"  "condensed  milk,"  "sweetened  con- 
densed milk,"  "skim  milk,"  "condensed  skimmed  milk," 
"evaporated  cream,"  "cream,"  "butter,"  "cheese,"  "butter- 
milk, "  "ice  cream, "  or  "ice  milk, ' '  either  verbally,  or  printed 
or  written  on  any  label  or  printed  matter,  in  connection  with 
the  sale,  or  offering  for  sale,  or  having  on  hand  for  sale,  of 
milk  or  any  product  of  milk,  or  upon  any  bill  of  fare  used  in 
any  hotel,  restaurant  or  other  places  where  meals  are  served, 
when  the  article  shall  not  conform  to  the  standards  and  pro- 
visions of  section  twenty-nine  of  this  act. 

SEC.  29.     Milk  and  the  products  of  milk  enumerated  in  this  Definitions 
section  shall  be  deemed  adulterated  within  the  meaning  of  this  standards. 
act  if  it  or  they  shall  not  conform  to  the  following  definitions 
and  standards : 

(1)  Milk  is  the  fresh,  clean,  lacteal  secretion  all  parts  of  Milk, 
which  within  forty-eight  hours,  if  raw,  and  within  sixty  hours, 

if  pasteurized,  last  prior  to  its  delivery  to  the  consumer  or 
purchaser  shall  have  been  obtained  from  the  udder  by  the 
complete  milking  of  one  or  more  healthy  cows,  properly  fed 
and  kept,  excluding  that  obtained  within  fifteen  days  before 
and  five  days  after  calving,  and  contains  not  less  than  three 
per  cent  of  milk  fat,  and  not  less  than  eight  and  five-tenths  per 
cent  of  solids — not  fat. 

(2)  Skim  milk  is  milk  from  which  a  part  or  all  of  the  skim  milk, 
cream  has  been  removed  and  contains  not  less  than  eight  and 
eight-tenths  per  cent  of  milk  solids. 

(3)  Condensed  milk  or  evaporated  milk,  is  milk  from  which  J^1nkdensed 
a  considerable   portion  of  water  has  been  evaporated.     The 
standard  of  purity  of  condensed  milk  and  evaporated  milk 

shall  be  that  proclaimed  and  established  by  the  secretary  of 
the  United  States  department  of  agriculture. 

(4)  Condensed  skim  milk  is  skim  milk  from  which  a  consider- 
able  portion  of  water  has  been  evaporated,  and  contains  not  less 
than  eighteen  per  cent  of  milk  solids. 

(5)  Cream  is  that  portion  of  milk,  rich  in  milk  fat  which  Cream- 
rises  to  the  surface  of  milk  on  standing,  or  is  separated  from 

it  by  centrifugal  force,  is  fresh  and  clean  and  contains  not 
less  than  eighteen  per  cent  of  milk  fat. 

(6)  Evaporated   cream,   or  clotted  cream,   is  cream   from 
which  a  considerable  portion  of  water  has  been  evaporated. 


44 


STATE   DEPARTMENT  OF   AGRICULTURE. 


Milk  fat. 


Butter. 


Cheese. 


Buttermilk. 


Ice  cream. 


Fruit  ice 
cream. 


Nut  ice 
cream. 


Ice  milk. 


Pasteuriza- 
tion. 


(7)  Milk  fat,  or  butter  fat,  is  the  fat  of  milk  and  has  a 
Reicbert-Meissel    number   not   less   than    twenty-four   and    a 
specific  gravity  not  less  than  .905  (40  degrees  C.) 

(8)  Butter  is  the  clean,  nonrancid  product  made  by  gather- 
ing in  any  manner  the  fat  of  fresh  or  ripened  milk  or  cream 
into  a  mass,  which  also  contains  a  small  portion  of  the  other 
milk  constituents,  with  or  without  salt,  and  a  harmless  coloring, 
and  contains  not  less  than  eighty  per  cent  of  milk  fat. 

(9)  Cheese  is  the  sound,  solid,  and  ripened  product  made 
from  milk  or  cream,  by  coagulating  the  casein  thereof  with 
rennet  or  lactic  acid,  with  or  without  the  addition  of  ripening 
ferments  and  seasoning,  and  with  or  without  salt  and  harmless 
coloring  matter.     All  cheese  marked  "full  cream  cheese/'  or 
"full  milk  cheese,"  must  contain  in  the  water-free  substance, 
not  less  than  fifty  per  cent  of  milk  fat.     All  cheese  marked 
"half  skim  cheese,"  must  contain  in  the  water-free  substance 
not  less  than  twenty-five  per  cent  of  milk  fat.     All  cheese  not 
plainly  marked  or  branded  as  to  its  quality  must  contain  in 
the  water-free  substance  no<t  less  than  fifty  per  cent  of  milk 
fat. 

(10)  Buttermilk  is  that  portion  of  the  cream  which  remains 
after  the  separation  and  removal  therefrom  of  the  butter  fat 
in  the  process  of  churning,  without  the  addition  of  water. 

(11)  Ice  cream  is  the  frozen  product,  made  from  pure  sweet 
milk  or  condensed  milk  or  cream  and  sugar  with  or  without  a 
harmless   flavoring   or   coloring,   and   contains  not  less   than 
ten  per  cent  of  milk  fat,  and  not  more  than  six-tenths  of  one 
per  cent  ,of  pure  and  harmless  vegetable  gum  or  gelatin. 

(12)  Fruit  ice  cream  is  the  .frozen  product  made  from  pure, 
sweet  cream,  sugar,  and  sound,  clean,  mature  fruits,  and  con- 
tains not  less  than  eight  per  cent  of  milk  fat,  and  not  more 
than  six-tenths  of  one  per  cent  of  pure  and  harmless  vegetable 
gum  or  gelatin. 

(13)  Nut  ice  cream  is  the  frozen  product  made  from  pure, 
sweet  cream,  sugar,  and  sound,  nonrancid  nuts,  and  contains 
not  less  than  eight  per  cent  of  milk  fat,  and  not  more  than 
six-tenths  of  one  per  cent  of  pure  and  harmless  vegetable  gum 
or  gelatin. 

(14)  Ice   milk   is  the   frozen  product,   containing   less  fat 
than  ice  cream,  and  made  from  pure,  sweet  milk  and  sugar, 
with  or  without  a  harmless  flavoring  or  coloring,  and  contains 
not  less  than  two  and  four-tenths  per  cent  of  milk  fat,  and 
not  more  than  six-tenths  of  one  per  cent  of  pure  and  harmless 
vegetable  gum  or  gelatin. 

(15)  The  process  of  pasteurization,  as  applied  to  milk,  skim 
milk,   cream  and  milk  products,   is  hereby  defined  to  be  a 
process  for  the  elimination  therefrom  of  organisms  harmful 
to  human  beings,   which  process  shall  consist   of  uniformly 
heating  such  milk,  skim  milk  or  cream,  as  the  case  may  be, 
to  a  temperature  of  not  less  than  one  hundred  forty  degrees 
Fahrenheit  and  of  holding  the  same   at  the   said   tempera- 


LAWS    RELATING    TO   ANIMAL   INDUSTRY.  15 

tare  for  a  period  of  not  less  than  twenty-five  minutes,  and 
immediately  thereafter  of  cooling  the  same  to  a  temperature 
of  not  above  fifty  degrees  Fahrenheit;  provided,  that  when 
cream  is  pasteurized  to  be  used  and  is  used  in  the  manu- 
facture of  butter,  or  when  milk  is  pasteurized  to  be  used  and 
is  used  in  the  manufacture  of  cheese,  and  where  the  process 
of  ripening  or  starting  in  each  case  is  to  be  commenced  imme- 
diately, then  it  shall  not  be  required  that  such  cream  or  milk 
be  cooled  to  a  lower  degree  than  is  necessary  for  such  ripening 
or  starting.  All  pasteurized  cream  or  milk  used  in  the  manu- 
facture of  pasteurized  butter  and  cheese,  respectively,  shall 
be  pasteurized  at  and  in  the  plant  where  such  butter  or  cheese,  Re  ^^^^ 
as  the  case  may  be,  is  manufactured  therefrom.  Repasteuriza-  tion 
tion  of  any  milk  is  hereby  expressly  forbidden. 

Also  all  apparatus  used  for  the  pasteurization  of  milk,  skim  Pasteuriza- 
milk  or  cream  shall  be  kept  in  strictly  clean  and  sanitary  apparatus 
condition  and  shall  be  equipped  with  a  recording  thermometer 
device  which  will  accurately  record  the  temperature  to  which, 
and  the  length  of  time  for  which  the  pasteurized  product  has 
been  heated.  All  recording  thermometer  devices  used  in  the 
pasteurization  of  any  such  milk,  skim  milk  or  cream  must  be 
approved  by  and  at  all  times  subject  to  the  approval  of  the 
state  dairy  bureau,  the  state  board  of  health,  and  of  all  other 
state,  county  and  municipal  officers  charged  with  the  enforce- 
ment of  laws  and  ordinances  respecting  dairy  products  or  the 
public  health ;  and  all  persons,  firms  or  corporations  using 
pasteurizing  apparatus  within  the  State  of  California  shall 
preserve  and  keep  on  file,  for  a  period  of  not  less  than  two 
months  after  the  same  are  made,  all  records  made  by  such 
thermometer,  or  in  lieu  of  such  preservation  may  deliver  such 
records  to  any  public  officer  authorized  by  law  or  ordinance  to 
receive  the  same,  and  said  records  shall,  at  all  times,  be  open 
to  the  inspection  of  the  state  dairy  bureau,  the  state  board  of 
health,  and  of  all  other  state,  county  and  municipal  officers 
charged  with  the  enforcement  of  laws  and  ordinances  respect- 
ing dairy  products  or  the  public  health.  (As  amended, 
Stats,  1915',  p.  333.) 

SEC.  30.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration  to  sell,  exchange  or  deliver,  or  to  offer  for  sale,  skimmed 
exchange  or  delivery,  or  to  cause  or  permit  to  be  sold, 
exchanged  or  delivered,  or  to  be  offered  for  sale,  exchange  or 
delivery,  or  to  have  in  possession  for  sale,  exchange  or  delivery, 
any  milk  from  which  any  part  of  the  cream  shall  have  been 
removed,  or  any  skimmed  milk,  unless  the  same  be  offered  for 
sale  and  sold  as  skimmed  milk,  or  unless  there  shall  be  attached 
to  the  outside  of  every  vessel,  can  or  package  from  or  in  which 
such  skimmed  milk  is  sold  or  held  for  exchange  or  delivery, 
a  tag  upon  which  shall  be  printed  in  black  letters  at  least  one 
inch  in  height  the  word  ' '  skim ' '  or  the  words  ' '  skimmed  milk. ' ' 


46 


STATE    DEPARTMENT   OF   AGRICULTURE. 


Rules  and 


Standards 
for  carriers. 


SEC.  3'Oa..     The    'following    rules    and    standards    must    be 
marifetringfor  observed  by  all  persons,  firms  or  corporations  engaged  in  the 
preparation  of  dairy  products  for  market  or  delivery  thereto : 

(1)  The   owner's  name,   or  other  identification  mark,   the 
nature  of  which  shall  be  made  known  to  the  dairy  inspectors 
shall  appear  permanently  and  in  a  conspicuous  place  on  or 
be  attached  to  every  milk  or  cream  bottle,  can  or  container. 

(2)  All  milk,  cream  and  ice  cream  cans,  bottles  and  con- 
tainers shall  be  kept  clean  and  shall  be  thoroughly  washed 
and  sterilized  after  each  using.     (Added,  Stats.  1919,  p.  284.) 

SEC.  306.  All  carriers  of  dairy  products,  whether  producer, 
gratuitous  private  carrier  other  than  the  producer,  private 
carrier  for  hire,  or  common  carrier,  in  transporting  milk  and 
cream  shipping  containers  shall  observe  and  maintain  the  fol- 
lowing standard : 

(1)  All  cars  or  other  vehicles,  while  hauling  milk  or  cream, 
shall   be  kept  clean  and  all  containers  shall  be  so  covered 
-as  to  protect  the  milk  or  cream  at  all  times  from  dust  and 
from  the  rays  of  the  sun. 

(2)  All  milk  or  cream  cans  or  other  shipping  containers, 
while  containing  milk,  cream,  or  other  dairy  products,  shall 
be  handled  carefully,  and  kept  right  end  up. 

(3)  Every  vehicle,  railway  car  or  boat  in  which  milk  or 
cream  is  transported  shall  be  kept  in  a  sanitary  condition. 
Every  vehicle  and  every  boat  transporting  milk  or  cream  either 
shall  be  enclosed  or  shall  provide  canvas  covering  to  protect  the 
milk  and  cream  at  all  times  from  the  sun  or  from  the  outsile 
warm  air,  except  only  while  taking  on  or  discharging  freight. 
No  fowls,  fresh  meat  or  other  contaminating  things  shall  be 
kept  or  carried  on  top  or  in  close  proximity  to  milk,  cream,  or 
other  dairy  products. 

(4)  No  milk  or  cream  and  no  empty  cans,  bottles  or  other 
containers  shall  be  hauled  in  any  vehicle  for  hauling  manure 
or  garbage  or  in  any  other  unclean  vehicle,  car  or  boat. 

(5)  Nothing  herein  shall  be  construed  to  derogate  from  any 
powers  or  authority  of  the  railroad  commission  of  the  State  of 
California.     (Added,  Stats.  1919,  p.  284.) 

SEC.  30<?.  Persons  producing  or  marketing  assembled  dairy 
products  must  conform  to  the  following  rules:  All  the  ingre- 
dients used  in  the  process  of  assembling  must  conform  to  all 
the  standards  of  purity  set  for  such  ingredients  and  must 
have  been  produced  under  the  same  sanitary  conditions  and 
regulations  required  for  the  production  of  milk  and  cream 
where  such  products  are  sold,  and  such  products  must  be 
labeled  as  herein  provided  for  assembled  products  in  imitation 
of  milk,  cream  and  ice  cream. 

All  assembled  dairy  products  to  which  has  been  added  any 
condensed  or  evaporated  milk,  or  any  condensed  or  evaporated 
skimmed  milk,  or  any  dry  milk  or  milk  powder  or  any  skimmed 
milk  or  skimmed  powder  or  any  butter  or  sweet  butter  or 
dairy  products  that  have  been  produced  by  the  mechanical 


Rules  for 
assembled 
dairy 
products. 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  47 

assembling  of  any  of  the  natural  ingredients  of  milk  or 
i- ream,  shall  be  so  labeled  on  each  container  thereof  with  the 
words  "assembled  from  milk,  butter,  milk  powder,  skim  milk 
or  other  milk  products,"  as  the  case  may  be,  correctly  naming 
on  the  label,  bill  of  sale,  invoice  and  bill  of  fare,  all  the  ingre- 
dients used  in  such  assembled  goods,  in  plain  letters  of  the 
English  language  at  least  one-eighth  of  an  inch  in  height; 
and  no  other  names  or  prefixes  shall  be  used  than  those  by 
which  such  ingredients  are  separately  known  to  the  commercial 
trade.  (Added,  Stats.  1919,  p.  284.) 

SEC.  30d.  Any  person  who  violates  any  provision  of  section  Penalties, 
thirty  c  of  this  act  or  who  directs  or  knowingly  permits  an 
employee  to  violate  any  of  said  provisions,  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  shall  be  punished  by  a  fine 
of  not  less  than  twenty-five  dollars  nor  more  than  two  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  not  less  than 
ten  days  nor  more  than  sixty  days,  or  by  both  such  fine  and 
imprisonment. 

Any  firm,  corporation,  society  or  association  which  violates 
any  of  said  provisions  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  shall  be  fined  as  above  provided. 

In  the  event  an  officer,  director,  manager  or  managing  agent 
of  any  firm,  corporation,  society,  or  association  violates  any  of 
the  provisions  of  section  thirty  c  of  this  act,  or  directs  or 
knowingly  permits  any  employee  to  violate  any  of  said  pro- 
visions, such  officer,  director,  manager  or  managing  agent  shall 
be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  punished  by  fine  or  imprisonment  or  both  as  above  provided ; 
and,  in  such  a  case,  the  firm,  corporation,  society  or  association 
shall  also  be  guilty  and  upon  conviction  shall  be  fined  as  above 
provided.  One-half  of  all  such  fines  shall  be  paid  into  the 
state  treasury  and  placed  to  the  credit  of  the  general  fund. 

SEC.  31.     All  wagons,  vehicles,  or  carts  from  which  market  wagons,  etc., 
milk,  cream,  butter,  ice  cream,  buttermilk,  or  ice  milk  are  sold,  owneX 
marketed,   delivered,   or   peddled,   shall  have  the   name   and name- 
address  of  the  owner  plainly  painted  thereon,  in  letters  at 
least  three  inches  high,  and  one  and  a  half  inches  wide,  on 
both  sides  of  such  vehicle. 

SEC.  32.     It  shall  be  unlawful  for  any  person,  firm  or  cor-  J'0Icbeemilk" 
poration  to  manufacture  for  sale,  sell  or  furnish  with  meals  properly 
or  drinks  which  are  sold,  any  frozen  edibles,  made  principally  labeled- 
of  skimmed  milk,  or  principally  of  milk,  unless  the  same  shall 
conform  to  the  definitions  and  standards  herein  fixed  in  sec- 
tion twenty-nine  for  l '  ice  milk, ' '  or  "  ice  cream. ' ' 

SEC.  33.     It  shall  be  unlawful  for  any  person  to  produce,  JJ^Jfetc 
manufacture  or  prepare  for  sale,  or  to  sell,  or  to  offer  for  sale,  to  prevent' 
or  to  have  on  hand  for  sale,  any  milk,  or  product  of  milk,  to  so 
which  has  been  added,  or  that  may  contain,  any  compound  of 
boron,  salicylic  acid,  formaldehyde,  or  other  chemical  or  sub- 
stance for  the  purpose  of  preventing  or  delaying  fermentation 


48 


STATE   DEPARTMENT  OF   AGRICULTURE. 


Use  of 

coloring 
matter. 


Ice  milk 
not  to  be 
sold  as 
ice  cream. 


Ice  milk 
receptacles 
to  be 
labeled. 


Ice  milk 
wagons  to  be 
labeled. 


Sellers  to 
post  ice 
milk  signs. 


or  souring.  It  shall  be  unlawful  for  any  person  to  produce, 
manufacture  or  prepare  for  sale,  or  to  sell,  or  to  offer  for  sale, 
or  to  have  on  hand  for  sale,  any  milk,  cream  or  condensed  milk 
to  which  any  coloring  matter  has  been  added  by  any  person, 
or  to  which  any  gelatin  or  other  substance  has  been  added  by 
any  person  to  increase  the  consistency  of  such  milk,  cream  or 
condensed  milk,  so  as  to  make  such  milk,  cream  or  condensed 
milk  appear  richer  or  of  better  quality;  provided,  that  this 
section  shall  not  be  construed  to  prohibit  the  use  of  harmless 
coloring  matter  and  common  salt  (chloride  of  sodium)  in 
butter  and  cheese. 

SEC.  34.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration, manufacturing  any  frozen  goods,  which  do  not  con- 
form to  the  standards  and  provisions  of  this  act  for  ice  cream, 
to  sell,  or  offer  to  sell,  or  represent  the  same  as  ice  cream,  or 
under  the  name  of  ice  cream;  and  all  frozen  goods  which  do 
not  conform  to  the  standards  and  requirements  of  this  act  for 
"ice  cream,"  but  which  do  conform  to  the  standards  and 
requirements  for  "ice  milk"  herein,  for  the  purpose  of  this 
act  shall  be  known  as  "ice  milk,"  and  shall  be  sold  and  desig- 
nated as  "ice  milk,"  and  not  otherwise,  and  shall  be  billed  as 
"ice  milk,"  and  every  person,  firm  or  corporation  selling,  fur- 
nishing or  delivering  to  any  person  any  such  "ice  milk"  shall 
distinctly  inform  the  purchaser  at  the  time  in  each  and  every 
instance  that  the  said  goods  are  "ice  milk."  The  absence  of 
such  declaration  shall  always  be  construed  as  a  representation 
on  the  part  of  the  vendor  that  the  goods  are  ice  cream. 

Every  tub,  receptacle  or  packer  in  which  there  shall  be  kept, 
sold,  or  delivered,  at  any  time,  any  "ice  milk,"  as  herein 
defined,  shall  have  conspicuously  and  securely  attached  thereto 
a  durable  tag,  giving  the  name  and  address  of  the  manufac- 
turer or  vendor  of  the  same,  and  containing  the  words  "ice 
milk"  in  letters  at  least  one  inch  high  and  one-half  inch  wide, 
and  containing  no  other  reference  to  the  n'ame  or  character  of 
the  goods  therein  contained.  The  absence  of  such  tag  or  label 
shall  always  be  construed  as  a  representation  on  the  part  of 
the  maker  or  vendor  that  said  goods  are  ice  cream. 

Every  wragon,  vehicle  or  cart,  in  or  from  which  any  "ice 
milk"  shall  be  sold,  furnished,  delivered  or  peddled,  shall  have 
plainly  and  durably  painted  on  both  sides  thereof,  the  name 
and  address  of  the  owner,  in  letters  at  least  three  inches  high 
and  one  and  a  half  inches  wide,  and  also  the  words  "ice  milk" 
on  each  side  thereof,  in  letters  at  least  four  inches  high,  and 
two  inches  wide,  and  there  shall  be  no  other  reference  to  the 
name  and  character  of  the  goods  being  sold  or  delivered.  The 
absence  of  such  words  and  letters  shall  always  be  construed  as 
a  representation  on  the  part  of  the  owner  or  vendor  that  said 
goods  are  ice  cream. 

Every  person,  firm  or  corporation,  who  sells,  keeps  for  sale, 
delivers,  or  furnishes  in  connection  with  meals,  or  in  connec- 
tion with  drinks,  or  otherwise,  any  ice  milk,  within  the  mean- 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  49 

ing  of  this  act,  to  be  used  or  eaten  on  the  premises  where  sold, 
shall  keep  at  all  times  posted  or  hung  in  at  least  two  con- 
spicuous places  within  the  premises,  and  in  plain  view  of  the 
public,  durable  signs  having  printed  or  painted  thereon  the 
words  ' ' we  sell  ice  milk, "  or  "we  serve  ice  milk, ' '  in  letters  at 
least  four  inches  high  and  two  inches  wide.  The  absence  of 
such  signs,  words  and  letters,  as  herein  required  shall  always 
be  construed  as  a  representation  on  the  part  of  the  owner,  or 
person  selling  or  serving  the  goods,  that  they  are  ice  cream. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  to 
manufacture,  sell,  deliver,  furnish,  serve,  or  keep  on  hand  any 
ice  milk,  within  the  meaning  of  this  act,  unless  the  same  is  done 
in  compliance  with  all  the  requirements  hereof. 

SEC.  35.  Every  person,  firm  or  corporation,  who  shall 
manufacture  cheese  in  the  State  of  California,  shall  at  the 
place  of  manufacture,  brand  distinctly  and  durably  on  each 
and  every  cheese  manufactured,  and  upon  the  package  or  box, 
when  shipped,  the  grade  of  cheese  manufactured,  as  follows : 
"full-cream  cheese,"  or  "half -skim  cheese,"  or  "skim  cheese." 

All  brands  for  branding  the  different  grades  of  cheese  shall 
bo  procured  from  the  state  dairy  bureau,*  and  said  bureau  is  dairy 
hereby  directed  and  authorized  to  issue  to  all  persons,  firms  bureau- 
or  corporations,  upon  application  therefor,  uniform  brands, 
consecutively  numbered,  of  the  different  grades  specified  in 
this  section.  The  state  dairy  bureau  shall  keep  a  record  of 
each  and  every  brand  issued,  and  the  name  and  location  of 
the  manufacturer  receiving  the  same.  No  manufacturer  of 
cheese  in  the  State  of  California  other  than  the  one  to  whom 
such  brand  is  issued,  shall  use  the  same,  and  in  case  of  a  change 
of  location,  the  party  shall  notify  the  bureau  of  such  change. 

The  different  grades  of  cheese  are  hereby  defined  as  follows :  Grades  of 
First — Such  cheese  only  as  shall  have  been  manufactured  from  cheese- 
pure  milk,  and  from  which  no  portion  of  the  butter  fat  has 
been  .removed  by  skimming  or  otherwise,  and  having  not  less 
than  fifty  per  cent  of  butter  fat  in  its  water-free  substance, 
which  shall  be  conspicuously  branded  as  "full-cream  cheese." 
Second — Such  cheese  only  as  shall  have  been  made  from  pure 
milk,  and  having  not  less  than  twenty-five  per  cent  of  butter 
fat  in  its  water-free  substance,  which  shall  be  conspicuously 
branded  as  "half-skim  cheese."  Third — Such  cheese  only  as 
shall  have  been  made  from  pure  skim  milk,  which  shall  be 
conspicuously  branded  as  *  *  skim  cheese. ' ' 

No  person  or  persons,  firm,  association  or  corporation  shall 
sell  or  offer  for  sale  in  this  state  any  cheese  which  is  not 
branded  either  "full-cream  cheese,"  "half-skim  cheese,"  or 
"skim  cheese,"  in  accordance  with  its  butter  fat  content.  (As 
amended,  Stats.  1917,  p.  1656.)  , 

SEC.  36.     The  word  "persons"  as  used  in  this  act  shall  be  »Persons 
construed  to  import  both  the  singular  and  plural,  as  the  case  defined- 
demands,    and   shall   include   individuals,    corporations,    com- 
panies,   societies    and    associations.      When    construing    and 

*See  note,  page  32  hereof. 
4—49649 


50 


STATE   DEPARTMENT   OF   AGRICULTURE. 


Right  to 

enter 

premises. 


Interference 

with 

inspectors. 


Failure  to 
conform  to 
act  a 
misdemeanor. 


enforcing  the  provisions  of  this  act,  .the  act,  omission  or  failure 
of  any  employee,  officer,  agent  or  other  person,  acting  for  or 
employed  by  any  individual,  corporation,  company,  society  or 
association,  within  the  scope  of  his  employment  or  office,  shall 
in  every  case  also  be  deemed  to  be  the  act,  omission  or  failure 
of  such  individual,  corporation,  company,  society  or  associa- 
tion, as  well  as  that  of  the  person.  The  provisions  of  this  act 
shall  be  construed  to  apply  to  hotel  keepers,  restaurant  keepers 
and  boarding-house  keepers  or  any  person  who  shall  serve 
meals  and  accept  money  therefor. 

SEC.  37.  Every  agent  and  inspector  of  the  state  dairy 
bureau,*  and  every  inspector  of  any  city,  county  or  state  board 
of  health,  is  hereby  authorized  to  enter  upon  and  inspect  any 
dairy,  dairy  premises,  creamery,  cheese  factory,  ice  cream 
factory,  or  other  place  where  dairy  products  of  any  kind  are 
being  produced,  sold,  delivered  or  used,  or  where  they  suspect 
that  oleomargarine,  or  other  substances  designed  to  be  used  as 
a  substitute  for  butter,  or  renovated  butter,  or  imitation  but- 
ter, or  imitation  cheese  are  being  manufactured,  sold,  kept, 
delivered,  transported  or  stored  in  violation  of-  any  of  the 
provisions  of  this  act. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  to 
prevent  or  interfere  with  the  duly  authorized  inspectors  or 
agents  of  the  state  dairy  bureau,  or  any  city,  county  or  state 
board  of  health,  or  the  inspectors  thereof,  from  entering  or 
inspecting  any  place  or  premises  where  milk  or  products  of 
milk  or  where  oleomargarine,  or  imitation  butter  or  cheese,  or 
renovated  butter,  or  any  substance  designed  to  be  used  as  a 
substitute  for  butter,  are  produced,  manufactured,  prepared, 
sold,  kept  for  sale,  furnished  or  served,  or  to  prevent  or  inter- 
fere with  such  inspectors  or  agents  in  the  event  they  deem  it 
advisable  to  secure  samples  of  milk  or  milk  products,  or  oleo- 
margarine, or  imitation  butter  or  cheese,  or  renovated  butter 
or  any  substance  designed  to  be  used  as  a  substitute  for  butter, 
at  or  from  any  such  place  or  person,  for  the  purpose  of  ascer- 
taining whether  this  act  is  being  violated,  or  to  interfere  with 
or  prevent  any  such  inspector  or  agent  from  examining  any 
record  or  books,  required  by  the  provisions  of  this  act  to  be 
open  to  the  inspection  of  the  state  dairy  bureau,  or  its  agents. 

SEC.  38.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  fail,  neglect  or  refuse  to  do  any  of  the  things 
required  to  be  done  by  the  provisions  of  this  act ;  and  it  shall 
be  unlawful  for  any  person,  firm  or  corporation  to  do  any  of 
the  things  prohibited  by  the  provisions  of  this  act;  and  in 
every  case  the  failure,  neglect  or  refusal  to  do  anything 
required  by  this  act,  and  the  doing  of  anything  prohibited 
by  this  act,  is  hereby  declared  to  be  a  misdemeanor,  and  shall 
be  punished  as  herein  provided. 

*See  note,  page  32  hereof. 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  51 

SEC.  39.     Whoever  shall  violate   any  of  the  provisions  of  Penalty  for 
sections  nine  to  twenty-four,  both  inclusive,  of  this  act  shall  be  Son? 
deemed  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  9  to  24- 
thereof,  be  punished  for  the  first  offense,  by  a  fine  of  not  less 
than  fifty  dollars,  nor  more  than  one  hundred  and  fifty  dollars ; 
or  by  imprisonment  in  the  county  jail  for  not  exceeding  thirty 
days;  and  for  each  subsequent  offense,  by  a  fine  of  not  less 
than  one  hundred  and  fifty  dollars,  nor  more  than  three  hun- 
dred dollars,  or  .by  imprisonment  in  the  county  jail  for  not 
less  than  thirty  days,  nor  more  than  six  months,  or  by  both 
such  fine  and  imprisonment,  at  the  discretion  of  the  court. 

SEC.  40.     Whoever  shall  violate  any  of  the  provisions  of  Sating™ 
sections  twenty-five  to  thirty-five,  both  inclusive,  or  of  section  sections^ 
thirty-seven  of  this  act,  shall  be  deemed  guilty  of  a  misde- 
meaner,  and  shall,  upon  conviction  thereof,  be  punished  by  a 
fine  of  not  less  than  twenty-five  dollars  nor  more  than  two 
hundred  dollars;  or  by  imprisonment  in  the  county  jail  for 
not  less  than  ten  days  and  not  exceeding  sixty  days,  or  by  both 
such  fine  and  imprisonment,  at  the  discretion  of  the  court. 

SEC.  41.  Whoever  shall  violate  any  of  the  provisions  of  this 
act  other  than  sections  nine  to  thirty-five,  both  inclusive,  and  other 
section  thirty-seven  (the  punishment  for  which  is  provided  in  sectlons- 
sections  thirty-nine  and  forty  hereof)  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  ten  dollars  nor  more  than  two 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for  a 
period  of  not  less  than  ten  days  nor  more  than  one  hundred 
days,  or  by  both  such  fine  and  imprisonment. 

SEC.  42.     One-half  of  all  the  fines  imposed  for  the  violation  Disposition 
of  any  of  the  provisions  of  this  act  shall  be  paid  to  the  county  °f 
in  which  the  fine  is  imposed.     The  other  one-half  shall  be  paid 
to  the  state  treasurer  and  shall  become  part  of  the  general 
fund.     (As  amended,  Stats.  1917,  p.  1657.) 

SEC.  43.  It  shall  be  the  duty  of  the  state  dairy  bureau,*  now  Enforcement 
existing  under  the  laws  of  this  state,  to  enforce  the  provisions 
of  this  act ;  provided,  that  nothing  in  this  act  shall  be  construed 
to  prevent  any  city  or  county  board  of  health  or  other  city  or 
county  official  from  enforcing  the  provisions  of  this  act;  and 
provided,  further,  that  no  conviction  shall  be  had  where  a  con- 
viction is  sought  upon  any  alleged  sample  of  milk,  or  product 
of  milk,  unless  such  sample  has  been  taken  in  duplicate,  sealed 
and  marked  for  identification  and  one  of  such  samples  left 
with  the  person  accused. 

The  state  dairy  bureau  is  authorized  under  this  act  to  gather  statistics  of 
and  compile  statistics  relative  to  the  dairy  industry,  and  to  dairy 
disseminate  the  same  and  other  information  useful  to,  and  to  m 
the  general  good  and  development  of  the  dairy  industry  of 
the  state,  and  to  do  such  other  things  as  will  tend  to  promote  the 
dairy  industry  of  the  state. 

*See  note,  page  32  hereof. 


52  STATE   DEPARTMENT  OF   AGRICULTURE. 

Report  of          Whenever  any  agent  or  inspector  of  the  state  dairy  bureau 

dSry86         shall  discover  the  existence  of  any  contagious  or  infectious 

cattle.          disease  among  dairy  cattle,  or  have  reason  to  believe  that  such 

disease  may  exist,  the  same  shall  be  immediately  reported  to 

the  state  veterinarian. 

dSceibu°reau  ^e  state  dairy  bureau  shall  have  power  to  employ  an  agent 
or  secretary  at  a  salary  of  two  thousand  four  hundred  dollars 
a  year,  and  such  inspectors,  assistants  and  chemists  as  from 
time  to  time  it  may  deem  necessary  for  the  proper  enforcement 
of  the  provisions  of  this  act,  and  to  fix  the  compensation  of 
such  inspectors  at  not  to  exceed  five  dollars  per  day,  exclusive 
of  their  necessary  and  actual  expenses,  such  expenses  to  be 
itemized  and  rendered  under  oath,  or  one  hundred  and  twenty- 
five  dollars  per  month  exclusive  of  their  necessary  and  actual 
expenses.  Such  agents  shall  have  had  experience  in  the  manu- 
facture of  dairy  products  and  the  handling  of  dairy  cattle.  • 

The  sta.te  dairy  bureau,  through  its  agent  and  secretary,  and 
etc-  assistant  agents,  shall  inspect  the  dairies,  dairy  cattle,  cream- 

eries and  other  factories  of  dairy  products,  markets  and  other 
places  where  dairy  products  are  prepared  or  handled,  and  keep 
a  careful  record  of  such  inspection  and  report  the  same  to  the 
state  dairy  bureau  and  upon  evidence  obtained  that  any  of  the 
provisions  of  this  act  are  being  violated,  the  state  dairy  bureau, 
through  its  agent  and  secretary,  or  its  inspectors,  shall  duly 
enter  complaint  against  the  party  or  parties,  responsible  for 
such  violations  and  cause  the  same  to  be  prosecuted,  except  in 
cases  where  any  dairy,  creamery  or  other  factory  of  milk 
products,  or  store  or  depot  where  milk  and  its  products  are 
handled  and  sold,  is  found  to  be  in  an  unsanitary  condition,  in 
which  case  the  agent  and  secretary,  or  the  inspector,  for  the 
district  in  which  the  violation  occurred,  shall  serve  upon  the 
owner,  or  owners,  or  person  in  charge  of  the  dairy,  creamery 
or  other  factory  of  milk  products  so  found  to  be  in  an  unsani- 
tary condition,  a  written  notice  specifying  in  detail  the  changes 
required  to  be  made  to  place  such  dairy,  creamery,  or  other 
factory  of  milk  products  or  store  or  depot  in  a  sanitary  condi- 
tion as  defined  in  this  act.  Should  such  changes  not  have  been 
made  at  the  expiration  of  thirty  days  after  the  date  when  the 
notice  was  served,  the  state  dairy  bureau,  through  its  agent 
and  secretary,  or  its  inspectors,  shall  enter  complaint  against 
.  the  person  or  persons  responsible  for  such  unsanitary  condi- 
tions and  cause  them  to  be  prosecuted  for  violating  this  act. 


attorney  to        ^EC-  ^4.     ^  sna^  ^  tne  duty  of  the  district  attorney  of  each 

prosecute  for  and  every  county  of  this  state,  upon  application  of  the  state 

lon*      dairy  bureau,*  or  its  agent  and  secretary,  or  any  of  its  inspec- 

tors or  assistant  agents,  to  attend  to  the  prosecution,  in  the 

name  of  the  people,  of  any  action  brought  for  the  violation  of 

any  of  the  provisions  of  this  act  within  his  county. 

Act  of  1897       SEC.  45.     The    provisions    of    section    fifteen    of    the    act 

approved  March  4,  1897,  entitled  "An  act  to  prevent  deception 

in  the  manufacture  and  sale  of  butter  and  cheese,  to  secure  its 

*See  note,  page  32  hereof. 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  53 

enforcement,  and  to  appropriate  money  therefor,"  are  hereby 
expressly  continued  in  force;  and  the  present  state  dairy 
bureau*  shall  continue  in  existence  in  all  respects  as  now 
constituted  under  existing  laws ;  and  the  members  thereof  shall 
continue  to  be  chosen  and  appointed  in  all  respects  as  now 
provided  under  existing  laws;  the  intention  being  that  the 
existing  laws,  under  which  said  bureau  is  constituted  and 
now  exists  and  by  which  its  powers  are  conferred  and  its  duties 
are  prescribed,  shall  in  no  way  be  impaired  or  affected  by 
this  act. 

SEC.  46.     Section  seventeen  of  an  act  entitled  "An  act  to  Repeal, 
prevent  deception  in  the  manufacture  and  sale  of  butter  and 
cheese,  to  secure  its  enforcement,  and  to  appropriate  money 
therefor,"  approved  March  4,  1897,  is  hereby  repealed. 

SEC.  47.     All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 


CONDENSED  AND  EVAPORATED  MILK.^ 

An  act  to  establish  a  standard  for  evaporated  mtlk  and 
condensed  milk. 

(Approved  April  24,  1911;  Stats.  1911,  p.  1101.) 

SECTION  1.     The  standard  of  purity  of  condensed  milk  and  standard  of 
evaporated  milk  shall  be  that  proclaimed  and  established  by  pl 
the  secretary  of  the  United  States  Department  of  Agriculture. 

SEC.  2.     All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

(See  subdivision   (3)    of  section  29  of  the  act  approved  April   21,   1911, 
page  43  hereof.) 


IMITATION  MILK. 

An  act  to  define  imitation  milk  and  to  regulate  the  business  of 
producing,  buying  or  selling  imitation  milk  or  imitation 
milk  products,  providing  for  the  licensing  of  said  business 
by  the  state  dairy  bureau,  and  prescribing  penalties  for  a 
violation  of  the  provisions  hereof,  and  repealing  all  acts  or 
parts  of  acts  inconsistent  herewith. 

(Approved  April   16,   1919;    Stats.    1919,   p.    89.) 

SECTION  1.  For  the  purposes  of  this  act  certain  manufae-  imitation 
tured  substances,  certain  mixtures  and  compounds  shall  be 
known  and  designated  as  "imitation  milk,"  namely:  (a)  any 
mixture  or  compound  composed  of  skim  milk  or  condensed, 
evaporated  or  powdered  skim  milk  and  any  edible  oil  or  fat 
other  than  natural  milk  fat,  whether  with  or  without  any 
other  ingredient  or  ingredients;  (b)  any  mixture  or  compound 

*See  note,  page  32  hereof. 


54 


STATE   DEPARTMENT   OF   AGRICULTURE. 


Manufacture 
and  sale  of 
imitation 
milk. 


Imitation 
milk  to  be 
labeled. 


made  in  imitation  or  semblance,  or  having  the  appearance  or 
semblance,  of  milk  or  condensed  or  evaporated  milk,  or  when 
so  made  or  having  such  appearance  or  semblance  calculated 
or  intended,  whether  by  intent  of  the  compounder  or  other 
person,  or  by  reason  of  the  appearance  or  other  characteristic 
of  the  mixture  or  compound,  for  use  or  disposition  as  or  for 
milk,  or  as  or  for  condensed  or  evaporated  milk,  or  to  induce 
its  purchase,  or  use  as  or  for  milk  or  condensed  or  evaporated 
milk. 

SEC.  2.  No  person  by  himself,  his  agents  or  servants  shall 
render,  manufacture,  sell,  offer  for  sale,  expose  for  sale,  or 
have  in  his  possession  with  intent  to  sell  or  to  use,  or  to  serve 
to  patrons,  customers,  boarders  or  inmates  of  any  hotel, 
dwelling-house,  restaurant,  public  -conveyance  or  'boarding 
house,  any  article,  product  or  compound  made  wholly  or  in 
part,  out  of  any  imitation  milk;  provided,  that  nothing  in 
this  section  shall  be  construed  to  prohibit  the  manufacture 
or  sale,  under  regulations  hereinafter  provided,  of  imi- 
tation milk,  of  substances  or  compounds  that  may  be  used  as 
imitation  milk,  of  a  separate  and  distinct  character  not  resem- 
bling milk  or  condensed  or  evaporated  milk,  and  in  such  a 
manner  as  will  advise  the  purchaser  and  consumer  of  its  real 
character,  colored  or  containing  ingredients  that  cause  it  to 
look  unlike  pure  whole  cow's  milk  or  the  condensed  or  evap- 
orated product  "made  therefrom ;  and  provided,  further,  it  is 
not  adulterated  within  the  meaning  of  this  act;  and  provided, 
further,  that  nothing  in  this  act  shall  be  construed  to  prevent 
or  prohibit  the  manufacture,  sale,  or  use,  for  cooking  purposes, 
of  imitation  milk  as  defined  by  section  one  of  this  act. 

SEC.  3.  Each  person,  who  by  himself,  or  another,  lawfully 
manufactures  any  imitation  milk,  or  any  substitute  that  may 
be  used  as  and  substituted  for  milk  or  condensed  or  evap- 
orated milk,  shall  mark  the  same  by  printing,  stamping  or 
stenciling  upon  the  top,  if  the  top  be  of  sufficient  size  and 
upon  the  sides  of  each  case,  box,  carton,  or  other  package, 
in  which  that  article  or  substance  shall  be  kept,  and  in 
which  it  shall  be  removed  from  the.  place  where  it  is  produced 
or  put  up  in  a  clear  manner,  in  the  English  language, 
the  words,  "imitation  milk,"  in  printed  letters  in  plain 
roman  type,  each  of  which  shall  not  be  less  than  one  inch 
in  height  and  one-half  inch  in  width,  and  in  addition  to  the 
above  shall  prepare  a  statement,  printed  in  plain  roman  type, 
of  a  size  not  smaller  than  pica,  stating  in  the  English 
language  its  name,  and  the  name  and  address  of  the  manu- 
facturer, the  name  of  the  place  where  manufactured  or  put  up, 
and  also  the  name  and  actual  percentages  of  the  various 
ingredients  used  in  the  manufacture  of  such  imitation  milk; 
and  shall  place  a  copy  of  said  statement  within  and  upon  the 
contents  of  each  case,  box,  carton,  or  other  package,  and  next 
to  that  portion  of  each  case,  box,  carton,  or  other  package  as 
is  commonly  and  most  conveniently  opened,  and  in  addition 


LAWS   RELATING   TO  ANIMAL   INDUSTRY.  55 

thereto  shall  label  each  bottle,  can,  container,  or  other  package 
containing  imitation  milk  with  the  words  "imitation  milk" 
printed  in  black-face  plain  roman  capital  letters  of  a  size 
not  less  than  twelve  point,  and  said  words  /shall  appear 
upon  the  main  or  principal  label  of  said  bottles,  cans,  con- 
tainers, or  other  packages  containing  any  imitation  milk, 
and  in  addition  thereto  said  main  or  principal  label  shall  con- 
tain or  bear  the  words :  *  *  not  suitable  for  infant  food, ' '  in 
plain  legible  type. 

SEC.  4.  Imitation  milk,  not  condensed  or  evaporated,  shall  Adulteration, 
be  deemed  adulterated  within  the  meaning  of  this  act  if  it 
contains  less  than  three  per  cent  of  edible  fats,  or  oils,  and 
imitation  milk,  if  evaporated  or  condensed,  shall  be  deemed 
adulterated  within  the  meaning  of  this  act  if  it  contains  less 
than  seven  and  eight-tenths  per  cent  of  edible  fats  or  oils. 

SEC.  5.     No   keeper   or   proprietor   of   any   bakery,   hotel,  Display  of 
boarding   house,    restaurant,    saloon,   lunch   counter,   or   any  restaurants, 
place  of  public  entertainment,  and  no  person  having  charge  etc- 
thereof,   or  employee   thereat,   and  no  employer  when  such 
board  is  furnished  as  compensation,  or  part  of  the  compensa- 
tion of  any  employee,  shall  place  before  any  patron  or  employee 
for  use  as  food,   any  imitation  milk,  unless  there  shall  be 
displayed  in  a  prominent  place  in  said  bakery,  hotel,  boarding, 
house,   restaurant,   saloon,   lunch  counter,   or   other  place  of 
public  entertainment  in  each  room  where  meals  are  served,  a 
sign  bearing  the   words:   "Imitation  milk  used  and   served 
here,"  in  black-faced  letters  and  not  less  than  four  inches  in 
length  upon  a  white  ground. 

SEC.  6.  No  person,  firm  or  corporation  shall  engage  in  the  License  for 
business  or  occupation  of  manufacturing,  selling,  dealing,  or  Ssaif"/6 
in  furnishing  imitation  milk,  without  first  having  applied  for  jjjjj£ation 
and  obtained  a  license  so  to  do  as  hereinafter  provided.  Any 
person,  firm  or  corporation  dealing  in  or  engaged  in  the 
business  or  ,o<3cupation  of  manufacturing,  iselling,  dealing 
in  or  furnishing,  to  his,  its  or  their  patrons,  imitation  milk,  as 
in  this  act  defined  shall  first  make  application  each  year  to 
the  state  dairy  bureau*  for  a  license,  and  upon  payment  of 
license  fee  of  the  amount  mentioned  herein  to  the  state  dairy 
bureau,  said  bureau  shall  issue  to  the  applicant  a  license. 
All  such  licenses  shall  contain  the  following  proviso ;  provided, 
that  this  license  does  not  authorize  the  holder  thereof  to  manu- 
facture, sell,  deal  in  or  furnish  any  imitation  milk  and  similar 
substances  that  may  be  used  as  a  substitute  for  milk  or  con- 
densed or  evaporated  milk  which  resembles  in  appearance  pure 
whole  cow's  milk,  or  the  condensed  or  evaporated  product 
made  therefrom.  All  such  licenses  shall  expire  on  June 
thirtieth  of  each  year,  and  may  be  issued  in  periods  of  one 
year  or  less  than  one  year,  on  payment  of  a  proportionate  part 
of  the  license  fee,  provided  that  no  license  shall  be  issued  for  a 
period  of  less  than  three  months.  The  fee  for  issuing  said 

*See  note,  page  32  hereof, 


56 


STATE   DEPARTMENT   OF    AGRICULTURE. 


Penalty. 


Enforcement 
by  dairy 
bureau. 


Repeal. 


license  to  said  manufacturers,  of  any  of  the  said  substances 
within  this  state  shall  be  one  hundred  dollars;  for  issuing  to 
wholesale  dealers  in,  or  importers  or  agents  for  importers,  of 
any  of  said  substances  the  fee  shall  be  fifty  dollars;  for  issuing 
to  retail  dealers  in  any  of  said  substances  the  fee  shall  be 
five  dollars ;  and  for  issuing  to  the  keeper  of  any  hotel,  restau- 
rant, boarding  house,  and  any  other  place  where  meals  are 
served  and  payment  is  received  therefor,  either  immediately  or 
by  the  day,  week  or  month,  the  fee  shall  be  two  dollars.  The 
term  "wholesale  dealer"  as  used  in  this  section  includes  all 
persons,  firms  or  corporations  who  sell  any  of  said  substances  in 
quantities  of  one  full  case  or  more  at  a  time  or  in  the  same 
transaction.  The  term  "retail  dealer"  includes  all  persons 
who  sell  only  in  quantities  of  less  than  one  case.  All  licenses 
while  in  force  shall  be  kept  conspicuously  displayed  in  the 
places  of  business  of  the  party  or  parties  to  whom  they  have 
been  issued. 

It  shall  be  unlawful  for  any  person,  firm  or  corporation  to 
manufacture,  buy,  sell,  deal  in  or  furnish  to  his,  its  or  their 
patrons,  or  to  have  in  their  possession,  for  any  purpose  what- 
soever other  than  for  consumption  in  his  own  family,  or  for 
transportation  in  case  of  a  boat  or  railroad  company,  or  for 
the  purpose  of  storage  in  case  of  a  warehouse  or  cold  storage 
company,  any  imitation  milk  or  similar  substance  designed 
to  be  used  as  a  substitute  for  milk  or  for  condensed  or  evapo- 
rated milk  without  having  first  applied  for  and  obtained  from 
the  state  dairy  bureau  of  the  State  of  California  a  license 
herein  required. 

SEC.  7.  Any  person,  firm  or  corporation  found  guilty  of 
violating  any  of  the  provisions  of  this  act  shall  be  punished 
by  a  fine  of  not  less  than  fifty  dollars,  nor  more  than  five  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  for  not 
less  than  thirty  days  nor  more  than  six  months,  or  by  both 
such  fine  and  imprisonment. 

SEC.  8.  It  shall  be  the  duty  of  the  state  dairy  bureau,*  now 
existing  under  the  laws  of  this  state,  to  enforce  the  provisions 
of  this  act;  provided,  that  nothing  in  this  act  shall  be  con- 
strued to  prevent  any  city  or  county  or  state  board  of  health 
or  other  city  or  county  official  from  enforcing  the  provisions 
of  this  act. 

SEC.  9.  All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

*See  note,  page  32  hereof. 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  57 

SALE  OF  IMPORTED  BUTTER. 

An  act  to  regulate  the  sale  of  butter  that  lias  been  shipped  or 
imported  into  the  State  of  California  from  any  point  or 
place  outside  of  the  United  States,  requiring  the  marking 
thereof  by  all  persons  selling  or  offering  same  for  sale,  and 
fixing  penalties  for  the  violation  of  the  same  or  of  any  of 
the  provisions  thereof. 

(Approved  May   19,    1915;   Stats.    1915,   p.    689.) 

SECTION  1.     For  the  purposes  of  this  act  the  words  "person,  Definition  of 
firm,    company,    or  -  corporation, ' '   shall   include   wholesalers,  etc?"0"' 
retailers,  jobbers,  and  every  place  where  butter  that  has  been 
shipped  or  imported  into  the  State  of  California  from  any 
point  or  place  outside  of  the  United  States  is  sold  or  offered 
for  sale. 

SEC.  2.     Every  person,  firm,  company,  or  corporation  who  imported 
•sells,   offers  for  sale,  or  has  in  his,  or  their  possession  f or  nwEi!0 1 
sale,  or  consigns,  ships  or  presents  to  any  dealer,  commission 
merchant,  consumer,  or  other  person  any  butter  that  has  been 
shipped  or  imported  into  the  State  of  California  from  any 
point  or  place  outside  of  the  United  States  shall,  before  doing 
so,  cause  to  be  stamped,  marked  or  printed  upon  the  wrapper, 
or  other  container  thereof  in  black-face  letters  not  less  than 
one-eighth  of  an  inch  in  height  the  word  ' '  imported. ' ' 

SEC.  3.     Every  person,  firm,  company,  or  corporation  selling  Dealer's 
or   offering   for  sale   any   butter   that  has  been   shipped   or  Seating 
imported  into  the  State  of  California  from  any  point  or  place  importation, 
outside  of  the  United  States,  shall  display  in  a  conspicuous 
place  in  his  or  their  public  salesroom  a  sign,  which  shall  be 
not  less  than  one  foot  in  height  and  two  feet  in  length,  bearing 
the  words  "imported  butter  sold  here"  in  black-face  letters 
not  less  than  three  inches  in  height  and  one-half  inch  in  width 
upon  a  white  ground. 

SEC.  4.  Every  person,  firm,  company  or  corporation  who  Penalty, 
shall  fail  to  comply  with  any  of  the  provisions  of  this  act,  and, 
upon  conviction  thereof,  shall  be  punished  by  imprisonment 
in  the  county  jail  for  not  more  than  six  months;  or  by  a 
fine  of  not  more  than  two  hundred  and  fifty  dollars,  or  by 
both  such  fine  and  imprisonment  in  the  discretion  of  the  court. 


58 


STATE   DEPARTMENT   OF   AGRICULTURE. 


Milk  must 

be 

pasteurized. 


Cream  for 
butter. 


Butter  used 
in  manu- 
facture of 
of  foodstuffs. 


PURE  MILK  LAW. 

An  act  to  prevent  the  sale  of  impure  and  unwholesome  milk, 
butter,  ice  cream  and  other  milk  products;  to  declare  ice 
cream  a  milk  product;  to  grade  milk;  to  provide  rules  and 
regulations  therefor,  and  to  empower  cities,  groups  of 
cities,  counties  and  groups  of  counties,  or  cities  and  counties, 
to  establish  inspccticni  service;  to  provide  for  the  enforce- 
ment of  this  act;  to  prescribe  penalties  for  violation  of  the 
provisions  hereof;  and  to  repeal  an  act  entitled  "An  act  to 
prevent  the  sale  of  impure  and  unwholesome  milk,  to  grade 
milk,  to  provide  rules  and  regulations  therefor,  and  to 
empower  cities,  groups  of  cities,  counties  and  groups  of 
counties,  or  cities  and  counties,  to  establish  inspection 
service;  to  provide  for  the  enforcement  of  this  act;  to 
prescribe  penalties  for  violation  of  the  provisions  hereof; 
and  to  make  an  appropriation  therefor/'  approved 
June  15,  1915. 

(Approved   May    22,    1917 ;    amendments    approved   May   6,    1919 ; 
Stats,  1917,  p.   803;  1919,  p.  326.) 

SECTION  1.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation,  except  in  bulk  to  the  wholesale  trade,  to  sell  or 
exchange  or  offer  or  expose  for  sale  or  exchange  for  human 
consumption  any  milk  from  cows  that  have  not  passed  the 
tuberculin  test,  until  it  has  been  pasteurized  by  the  holding 
process  at  a  temperature  not  less  than  one  hundred  forty 
degrees  Fahrenheit  for  twenty-five  minutes;  provided,  that 
milk  for  drinking  purposes  shall  not  be  heated  for  more  than 
one  hour  nor  above  one  hundred  forty-five  degrees  Fahrenheit ; 
provided,  further,  that  cream  that  is  to  be  manufactured  into 
butter  may  be  pasteurized  by  heating  it  to  a  higher  degree 
than  milk  and,  when  the  same  is  uniformly  heated  to  and  held 
at  a  higher  degree  of  temperature  than  one  hundred  fifty-one 
degrees  Fahrenheit,  the  time  for  holding  may  be  decreased 
from  twenty-five  minutes  by  one  minute  for  each  degree  of 
temperature  over  one  hundred  fifty-one  degrees  Fahrenheit. 
It  shall  further  be  unlawful  for  any  person,  firm  or  corporation 
to  sell  or  exchange  or  offer  or  expose  for  sale  or  exchange  for 
human  consumption  any  butter,  ice  cream  or  other  milk 
products  except  cheese  and  butter  as  hereinafter  provided, 
into  the  composition  of  which  any  milk  enters  other  than  that 
permitted  in  this  section  of  this  act,  to  be  sold  at  retail  for 
human  consumption ;  provided,  that  nothing  in  this  act  shall 
be  construed  to  prohibit  the  use  or  sale  of  butter  that  is  not 
pasteurized  or  butter  that  is  not  the  product  of  nonreacting 
tuberculin-tested  cows;  provided,  that  said  butter  be  used  by 
manufacturers  of  foodstuffs  only  and  in  the  manufacture  of 
such  foodstuffs  said  butter  shall  be  subjected  to  a  minimum 
temperature  of  two  hundred  twenty-five  degrees  Fahrenheit; 
and  provided  further,  that  it  shall  be  unlawful  to  use  any 
such  butter  except  in  the  manufacture  of  food  subjected  to  said 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  59 

temperature.     Butter  offered  for  sale  for  human  consumption  Marking  of 
shall  be  marked:  "From  nonreacting  tuberculin-tested  cows," 
or  "pasteurized,"  as  the  case  may  be.     Butter,  which,  by  the 
provisions  of  this  act,  is  permitted  to  be  used  for  cooking  and 
baking   purposes   only  shall   be   marked   "For   cooking   and 
baking  only. ' '     Ice  cream  is  hereby  declared  to  be  a  milk  ^lkcream  a 
product.     For  the  purpose  of  this  act  milk  shall  be  construed  to  product, 
include  cream. 

SEC.  2.  It  shall  be  unlawful  for  any  person,  firm  or  corpo-  saieofmiik 
ration  to  sell  or  exchange,  or  offer  or  expose  for  sale  or 
exchange,  in  any  city,  county,  or  city  and  county,  in  which 
a  milk  inspection  service,  approved  by  the  state  dairy  bureau,* 
has  been  established,  any  milk  otherwise  than  as  hereinafter 
provided  in  this  act,  and  for  the  purpose  of  this  act,  the 
term  "inspecting  department"  shall  be  construed  to  mean 
the  health  department  of  a  county  or  group  of  counties,  city 
or  group  of  cities,  or  city  and  county  maintaining  a  milk 
inspection  service  approved  by  the  state  dairy  bureau,  and 
such  inspecting  department  shall  include  at  least  one  regu- 
larly licensed  physician.  It  shall  be  unlawful  for  any  person, 
firm  or  corporation  to  sell  or  exchange,  or  offer  or  expose  for 
sale  or  exchange  any  milk  as  and  for,  or  under  the  designation, 
label  or  other  representation  of  "guaranteed,"  "grade  A," 
or  "grade  B"  milk,  except  within  a  county  or  group  of  coun- 
ties, city  or  group  of  cities,  or  city  and  county  maintaining  a 
milk  inspection  service  approved  by  the  state  dairy  bureau; 
provided,  that  a  person,  firm  or  corporation,  which  is  author- 
ized to  sell  milk  within  the  jurisdiction  of  an  inspecting  depart- 
ment may  sell  milk  from  the  same  supply,  of  the  same 
quality,  in  similar  containers,  and  under  the  same  label  in 
territory  outside  the  jurisdiction  of  any  inspecting  depart- 
ment, if  local  ordinances  are  not  thereby  violated,  and  also 
in  territory  within  the  jurisdiction  of  any  other  inspecting 
department;  provided,  the  consent  of  said  other  inspecting 
department  has  been  previously  obtained. 

SEC.  3.  All  milk  sold  or  exchanged  or  offered  or  exposed  Miik  not  to 
for  sale  or  exchange  except  in  bulk  to  the  wholesale  trade  in  hSmai?  f° 
any  county  or  group  of  counties,  city  or  group  of  cities,  or  city  consumption. 
and  county,  in  which  a  milk  inspection  service,  approved  by 
the  state  dairy  bureau*  has  been  established,  except  certified 
milk,  guaranteed  milk,  grade  A  milk  and  grade  B  milk,  is 
hereby  declared  to  be  impure  and  unwholesome  and  must  not 
be  sold  for  human  consumption. 

SEC.  4.  Where  an  inspection  service  is  maintained  as 
provided  in  section  two  of  this  act,  milk  shall  be  graded  as 
follows :  certified  milk,  guaranteed  milk,  grade  A  milk,  grade  B 
milk  and  milk  not  suitable  for  human  consumption;  provided, 
that  milk  sold  or  exchanged  or  offered  or  exposed  for  sale  or 
exchange  as  and  for,  or  under  the  designation,  label  or  other 
representation  of  "guaranteed,"  "grade  A"  or  "grade  B," 

*See  note,  page  32  hereof. 


60 


STATE   DEPARTMENT   OF   AGRICULTURE. 


Approval  of 

inspecting 

department. 


Require- 
ments 
for  grade  A 
milk. 


Dairies 
having  not 
more  than 
two  cows. 


Sterile 
containers. 


milk  shall  have  the  grade  and  whether  raw  or  pasteurized 
marked  on  the  container  or  cap  of  a  container  in  capital 
letters  not  less  than  one-eighth  inch  long  and  one-sixteenth 
inch  wide;  and  provided,  further,  that  milk  not  suitable  for 
human  consumption  shall  be  plainly  so  marked. 

SEC.  5.  No  person,  firm  or  corporation  shall  sell  or 
exchange,  or  offer  or  expose  for  sale  or  exchange,  as  or  for 
guaranteed  milk,  any  milk,  raw  or  pasteurized  the  quality  of 
which  is  guaranteed  by  the  dealer,  without  approval  in  writing 
of  the  inspecting  department,  which  milk  must  be  of  a  higher 
standard  than  that  required  for  grade  A  raw  milk. 

SEC.  6.  No  person,  firm  or  corporation  shall  sell  or 
exchange,  or  offer  or  expose  for  sale  or  exchange,  as  and  for 
grade  A  milk,  any  milk  that  does  not  conform  to  the  rules  and 
regulations  and  the  methods  and  standards  for  production 
and  distribution  of  grade  A  milk  adopted  by  the  inspecting 
department. 

Grade  A  milk  shall  conform  to  the  following  requirements 
as  a  minimum:  if  raw,  it  shall  consist  of  the  clean  raw  milk 
from  healthy  cows  as  determined  by  physical  examination  at 
least  once  in  six  months  by  a  qualified  veterinarian  under 
the  supervision  of  the  inspecting  department,  and  by  the 
tuberculin  test  by  a  qualified  veterinarian  under  the  super- 
vision of  the  state  veterinarian,  and  from  dairies  that  score 
not  less  than  seventy  per  cent  on  the  score  card  hereinafter 
set  forth ;  provided,  however,  that  dairies  having  not  more  than 
two  milking  cows,  and,  which  are  found  by  any  such  inspecting 
department  to  comply  fully  with  the  remaining  provisions  of 
this  act  are  hereby  exempted  from  such  scoring  requirements 
and  from  the  use  of  the  labels  prescribed  in  section  four 
hereof.  The  tuberculin  test  must  be  repeated  annually  if  no 
reacting  animals  are  found  in  the  herd.  If  reacting  animals 
are  found  they  must  be  removed  from  the  herd,  and  the  tuber- 
culin test  repeated  in  six  months.  All  cows  are  to  be  fed, 
watered,  housed  and  milked  under  conditions  approved  by  the 
inspecting  department.  All  persons  who  come  in  contact  with 
the  milk  must  exercise  scrupulous  cleanliness  and  must  not 
harbor  the  germs  of  typhoid  fever,  tuberculosis,  diphtheria  or 
other  infectious  diseases  liable  to  be  conveyed  by  milk.  Absence 
of  such  infections  shall  be  determined  by  cultures  and  physical 
examination,  to  the  satisfaction  of  the  inspecting  department. 

This  milk  is  to  be  delivered  in  sterile  containers  and  is  to  be 
kept  at  a  temperature  established  by  the  inspecting  depart- 
ment until  it  reaches  the  ultimate  consumer,  when  it  must 
contain  less  than  one  hundred  thousand  bacteria  per  cubic 
centimeter.  IFpasTeurized  it  shall  come  from  cows  free  from 
disease  as  determined  by  physical  examination  at  least  once  in 
six  months,  by  a  qualified  veterinarian  under  the  supervision 
of  the  inspecting  department.  It  shall  contain  less  than  two 
Jhundred  thousand  bacteria  per  cubic  centimeter  before  pas- 
teurization and  less  than  fifteen  thousand  bacteria  per  cubic 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  61 

centimeter  at  the  time  of  delivery  to  the  ultimate  consumer. 
Dairies  from  whkfe- this  milk  is  derived  must  score  at  least 
sixty  on  the  score  card  hereinafter  set  forth. 

SEC.  7.  No  person,  firm  or  corporation  shall  sell  or  Requirements 
exchange,  or  offer  or  expose  for  sale  or  exchange,  as  and  for  £&.  ' 
grade  B  milk,  any  milk  that  does  not  conform  to  the  following 
requirements  as  a  minimum:  it  must  be  obtained  from  cows  in 
no  way  unfit  for  the  production  of  milk  for  use  by  man,  as 
determined  by  physical  examination  at  least  once  in  six  months 
by  a  qualified  veterinarian  under  the  supervision  of  the  inspect- 
ing department.  Before  pasteurization  such  milk  shall  contain 
less  than  one  million  bacteria  per  cubic  centimeter.  After 
pasteurization  it  shall  contain  less  than  fifty  thousand  bacteria 
per  cubic  centimeter. 

Milk  for  pasteurization  must  be  kept  at  a  temperature  estab-  pasteuriza- 
lished  by  the  inspecting  department  up  to  the  time  of  delivery  tion- 
to  the  pasteurization  plant  and  rapidly  cooled  after  pasteuriza- 
tion to  a  temperature  of  fifty  degrees  Fahrenheit  or  below  and 
so  maintained  to  the  time  of  delivery  of  the  same.     Pasteuriza- 
tion shall  be  by  the  holding  method  at  a  temperature  not  less 
than  one  hundred  forty  degrees  Fahrenheit;  provided,  that 
milk  for  drinking  purposes  shall  not  be  heated  above  one  hun- 
dred forty-five  degrees  Fahrenheit. 

Such  pasteurization  plant  shall  be  equipped  with  a- self-regis-  Records. 
tering  device  for  record  of  the  time  and  temperature  of 
pasteurization.  Such  records  shall  be  kept  for  two  months 
and  be  available  for  inspection  by  any  health  department,  the 
state  veterinarian  or  any  of  his  agents,  or  the  state  dairy 
bureau.  Pasteurized  milk  shall  be  marked  with  the  day  of  the 
week  of  pasteurization  and  must  be  delivered  to  the  consumer 
within  forty-eight  hours  thereafter.  If  milk  is  repasteurized, 
it  must  not  be  sold  except  as  not  suitable  for  human  consump- 
tion; provided,  however,  if  graded,  cream  of  any  grade  shall 
conform  to  all  the  standards  set  for  milk  of  the  same  grade, 
except  that  the  maximum  bacterial  count  for  cream  shall  be 
not  more  than  three  times  as  great  as  that  of  the  corresponding 
grade  of  milk.  (As  amended,  Stats.  1919,  p.  326.) 

SEC.  8.     Milk  not  suitable  for  human  consumption  may  be  Milk  not 
sold  for  industrial  purposes,  provided  it  be  heated  to  a  higher  jjjjjjjj6  for 
temperature  than  necessary  for  pasteurization,  and  delivered  consumption. 
in   a   distinctive   container,   plainly   marked   with   the   words 
"Not  suitable  for  human  consumption,"  in  letters  not  less 
than  one-quarter  inch  in  length  and  one-twelfth  inch  stroke. 

SEC.  9.     Counties,  or  groups  of  counties,  cities  or  groups  inspection 
of   cities,   or   cities   and   counties,   are   hereby   authorized  to service- 
'maintain  a  milk  inspection  service  and  laboratory  conformable 
to  requirements  as  set  forth  by  the  state  dairy  bureau*  and  to 
establish  pasteurizing  plants. 

SEC.  10.     Any  person  who  shall  violate  any  provision  of  penalty, 
this  act  or  the  rules  made  in  accordance  with  section  eleven  of 
this  act  shall  be  guilty  of  a  misdemeanor  and  upon  conviction 

*See  note,  page  32  hereof. 


62  STATE   DEPARTMENT  OF   AGRICULTURE. 

shall  be  punished  by  a  fine  of  not  less  than  twenty-five  dollars 
nor  more  than  two  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  less  than  ten  days  nor  more  than  sixty  days, 
or  by  both  such  fine  and  imprisonment.  One-half  of  all  such 
fines  shall  be  paid  into  the  state  treasury  and  placed  to  the 
credit  of  the  general  fund. 

Enforcement       SEC.  11.     It  shall  be  the  duty  of  the  state  dairy  bureau,*  with 
the  assistance  of  the  pure  food  and  drugs  laboratory,  to  enforce 
all  the  provisions  of  this  act  except  the  tuberculin  testing  of 
cows  and  the  marking  of  reactors;  and  said  bureau,  with  the 
approval  and  assistance  of  the  pure  food  and  drugs  laboratory, 
is  hereby  empowered  to  make  such  rules  and  regulations  as 
may  be  necessary  and  advisable  for  such  enforcement. 
SlEcuTin       SEC-  12-     Tt  sha11  be  the  duty  of  the  state  veterinarian^  as 
tests.  soon  as  practicable,  either  directly  or  through  local  inspecting 

departments,  to  enforce  the  provisions  of  this  act  as  to  the 
tuberculin  testing  of  cows  and  the  exclusion  of  reacting 
animals  from  the  herds,  and  to  mark  indelibly  by  tattooing 
the  ear  with  the  capital  letter  "  T "  one  inch  long  any  cattle 
which  have  been  tested  with  tuberculin  under  the  provisions  of 
this  act  and  found  to  react  to  the  test.  For  such  purpose  he 
may  appoint  such  veterinarians  as  may  be  necessary. 

gEc.  13.  If  any  dairyman  not  operating  under  an  inspect- 
ing  department  desires  to  sell  milk,  he  may  file  with  the  state 
veterinarianf  a  written  request  that  his  cows  be  tuberculin 
tested.  After  the  filing  of  such  request,  said  dairyman  shall 
not  be  liable  under  the  provisions  of  this  act  until  such  time 
as  the  state  veterinarian  shall  be  able  to  make  the  required  test. 
The  provision  of  this  section  shall  apply  also  to  any  dairyman, 
operating  under  an  inspecting  department,  if  such  inspecting 
department  approves. 

SEC.  14.  The  following  score  card  shall  be  used  in  scoring 
dairies  under  the  provisions  of  this  act : 

*See  note,  page  32  hereof. 
fSee  note,  page  11  hereof. 


LAWS   RELATING   TO   ANIMAL   INDUSTRY. 


63 


DAIRY  FARM  SCORE  CARD  OF  THE  UNITED  STATES  BUREAU  OF  ANIMAL  INDUSTRY. 

[As  approved  by  the  bureau  for  use  under  California  conditions.] 
DAIRY   FARM    SCORE   CARD. 


£ 

>core 

J 

»core 

Equipment 

Per- 
fect 

Allowed 

Methods 

Per- 
fect 

Allowed 

COWS. 
Heilth 

6 

COWS. 
Clean 

8 

Apparently  in  good  health—  1 
If     tested     with     tuberculin 
within   a   year   and  no  tu- 
berculosis   is    found,    or    if 
t°stQd    within    six    months 

(Free  from  visible  dirt,  6.) 

STABLES. 
Cleanliness  of  stables 

6 

and     all    r°acting    animals 

Floor                                             2 

removed                                      5 

Walls  1 

If  test°d  within  a  year  and 

Ceiling  and  ledges  1 

reacting  animals  are  found 

Mangers  and  partitions.  1 

and  rcmoved                             3 

Windows   —                        1 

Food  (clean  and  wholesome) 

1 

Stable  air  at  milking  time  

5 

Wat°r  (''lean  an-d  fr°sh) 

1 

Frepdom   from  dust                   3 

Freedom  from  odors                 2 

STABLES 

Cleanliness   of  bedding—  

1 

•    2 

Barnyard 

2 

W°ll  drain°d                                 1 

Clean  1 

Free  from  contaminating  sur- 

Well drained  1 

roundings     _                   1 

Removal   of  manure  daily  to  50 

Construction  of  stable 

4 

feet  from  stable 

2 

Tight,      sound      floor,      and 
proper  gutt°r      _              2 

Smooth,  tight  walls  and  ceil- 

MILK  ROOM  OR  MILK  HOUSE. 
Cl°anlin°ss  of  milk  room 

3 

Proper  stall,  tie,  and  manger  1 
Provisions  for  light:  Foursquare 
feet*  of  glass  p°r  cow 

4 

UTENSILS  AND  MILKING. 

(Three  square  feet  of  glass  or 
four  square  fe°t  of  opening 

Cars  and  cleanliness  of  utensils— 
Thoroughly  washed                    2 

8 



3;  two  square  feet  of  glass  or 
three  square  feet  of  opening, 

Sterilized    in    steam    for    15 
minutes    3 

2;  one  square  foot  of  glass,  1. 
Deduct    for   uneven    distribu- 
tion.) 
B°dding,  or  clcan  pasture  for  b°d 

1 

(Placed     over    steam    jet,     or 
scalded  with  boiling  water,  2.) 
Protected       from      contamina- 
tion                                            3 

Ventilation 

7 

Cleanliness   of   milking 

9 

Ventilators  in  roof  2 

Clean,  dry  hands                        3 

Windows  hinged  at  bottom.  2 
(Sliding     windows,     1.5;     other 
openings,  1.) 
Cubic  feet  of  space  per  cow, 
500  feet  3 

Udders  washed  and  wiped  6 
(Udders     cleaned     with     moist 
cloth,    4;    cleaned    with    dry 
cloth,  or    brush    at    least    15 
minutes  before  milking    1  ) 

(Less  than  500  feet,  2;  less  than 
400     feet,     l;     less     than    300 
feet,  0.) 

UTENSILS. 

HANDLING  THE  MILK. 
Cleanliness  of  attendants  in  milk 
room   

2 

Construction    and    condition    of 

utensils    _ 

1 

Milk  removed   immediately   from 
stable    without    pouring    from 

Water  for  cleaning  

1 

pail 

2 

(Clean,    convenient    and    abun- 
dant.) 

Cooled  immediately  after  milking 
each  cow  _      

2 

Small-top   milking  pail- 

5 

Cool°d  b°low  50°  F 

5 

Milk  cooler 

1 

(51°  to  N3°    4'  56°  to  W    2  ) 

Clean  milking  suits 

1 

Stored  below  50°  F 

3 

MILK  BOOM  OR  MILK  HOUSE. 

(51°  to  55°,  2;  56°  to  60°,  1.) 
Transportation  below  50°  F. 

2 

Location:  Free  from  contaminat- 
ing surroundings  

1 

(51°  to  55°,  1.5;  56°  to  60°,  1.) 
(If  delivered  twic°  a  day,  allow 

Construction  of  milk  room 

2 

p°rf  °ct  score  for  .storage  and 

Floor,  walls  and  ceiling  1 
Light,   ventilation,   screens—-  1 
Separate     rooms     for     washing 
utensils  and  handling  milk 

1 

transportation.) 

Facilities  for  steam 

1 

(Hot  water,  0.5.) 

Total  

10 

Total 

60 

Equipment+Methods=Final  Score. 

NOTE  1.— If  any  exceptionally  filthy  condition  is  found,  particularly  dirty  utensils,  the  total 
score  may  be  further  limited. 

NOTE  2.— If  the  water  is  exposed  to  dangerous  contamination,  or  there  is  evidence  of  the 
presence  of  a  dangerous  disease  in  animals  or  attendants,  the  score  shall  be  0. 


64  STATE   DEPARTMENT  OF   AGRICULTURE. 

stats.  1915,  SEC.  15.  The  purpose  of  this  act  is  to  amend  and  super- 
repealed!  sede  an  act  entitled  "An  act  to  prevent  the  sale  of  impure  and 
unwholesome  milk,  to  grade  milk,  to  provide  rules  and  regula- 
tions therefor,  and  to  empower  cities,  groups  of  cities,  counties 
and  groups  of  counties,  or  cities  and  counties,  to  establish 
inspection  service ;  to  provide  for  the  enforcement  of  this  act ; 
to  prescribe  penalties  for  violation  of  the  provisions  hereof; 
and  to  make  an  appropriation  therefor,"  which  is  hereby 
repealed. 


CERTIFIED  MILK. 

x 

An  act  to  regulate  the  production  of  certified  milk,  cream,  ice 
cream,  butter  and  cheese;  and  repealing  an  act  entitled  "An 
act  to  regulate  the  production  of  certified  milk,"  approved 
March  18,  1909,  and  all  acts  and  parts  of  acts  inconsistent 
with  this  act* 

(Approved   April   25,    1913;   Stats.    1913,   p.    83.) 

Marking  and  SECTION  1.  No  person,  firm  or  corporation  shall  sell  or 
S  miikertl~  exchange,  or  offer  or  expose  for  sale  or  exchange,  as  and  for 
certified  milk,  any  milk  which  does  not  conform  to  the  rules 
and  regulations  and  to  the  methods  and  standards  for  the  pro- 
duction and  distribution  of  "certified  milk"  adopted  by  the 
American  association  of  medical  milk  commissions  on  May  1, 
1912,  and  which  does  not  bear  the  certification  of  a  milk  com- 
mission appointed  by  a  county  medical  society  organized  under 
and  chartered  by  the  medical  society  of  the  State  of  California, 
and  which  has  not  been  pronounced  by  such  authority  to  be 
free  from  antiseptics,  added  preservatives,  and  pathogenic 
bacteria,  or  bacteria  in  excessive  numbers.  All  milk  sold  as 
certified  milk  shall  be  conspicuously  marked  with  the  name  of 
the  commission  certifying  it.  Such  milk  commission  shall 
make  all  requirements  for  the  production  and  handling  of 
certified  milk  uniform  and  fair,  and  shall  not  refuse  to  certify 
milk  for  any  applicant  for  certification  who  shall  comply  with 
the  provisions  of  this  act. 

certified  milk  SEC.  2.  No  person,  firm  or  corporation  shall  sell  or 
lcts'  exchange  or  offer  or  expose  for  sale  or  exchange,  any  cream, 
skimmed  milk,  buttermilk,  ice  cream,  butter  or  cheese  as  and 
for  certified  cream,  certified  skimmed  milk,  certified  butter- 
milk, certified  ice  cream,  certified  butter  or  certified  cheese 
as  the  case  may  be,  or  use  the  word  "certified"  in  connection 
with  the  sale,  designation,  advertising,  labeling  or  billing  of 
any  cream,  skimmed  milk,  buttermilk,  ice  cream,  butter  or 
cheese  unless  the  same  and  all  products  of  milk  contained 
therein  or  used  in  the  manufacture  thereof  are  obtained 
exclusively  from  milk  which  conforms  to  the  requirements  of 

*The  power  of  enforcing  this  act  was  given  to  the  department  of  agri- 
culture by  section  9  of  the  act  of  1919,  creating  a  department  of  agri- 
culture. See  page  10  hereof. 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  65 

this  act  for  certified  milk  and  which  bears  the  certification  of  a 
milk  commission  in  accordance  with  the  provisions  of  section 
one  of  this  act,  and  unless  in  addition  thereto  the  methods  and 
conditions  under  which  such  cream,  skimmed  milk,  butter- 
milk, ice  cream,  butter  and  cheese,  as  the  case  may  be,  have 
been  prepared  or  manufactured,  as  regards  cleanliness  and 
sanitation,  shall  conform  to  the  requirements  of  the  milk  com- 
mission whose  certification  is  sought.  All  cream,  skimmed 
milk,  buttermilk,  ice  cream,  butter  and  cheese  sold,  designated, 
advertised  or  offered  for  sale,  as  certified  cream,  certified 
skimmed  milk,  certified  buttermilk,  certified  ice  cream,  certi- 
fied butter  or  certified  cheese  shall  be  conspicuously  marked 
with  the  name  of  the  commission  certifying  it  and  certifying 
the  milk  from  which  such  cream,  ice  cream,  butter  and  cheese 
is  obtained. 

SEC.  3.  Any  person  who  shall  violate  any  of  the  provisions  Penalty, 
of  this  act  shall  be  guilty  of  a  misdemeanor  and  upon  con- 
viction shall  be  punished  by  a  fine  of  not  less  than  twenty-five 
($25)  dollars  nor  more  than  two  hundred  ($200)  dollars,  or 
by  imprisonment  in  the  county  jail  for  not  less  than  ten  (10) 
nor  more  than  sixty  (60)  days. 

SEC.  4.     An  act  entitled  * '  An  act  to  regulate  the  production  p1^1909' 
of  certified  milk,"  approved  March  18,  1909,  and  all  acts  and  repealed, 
parts  of  acts  inconsistent  with  this  act,  are  hereby  repealed. 

NOTE. — The   act   approved  April    25,    1913,   probably   supersedes   the   act 
approved  March  17,  1911   (Stats.  1911,  p.  382),  relating  to  certified  butter. 


JUDICIAL    DECISIONS    CONSTRUING    DAIRY    STATUTES. 

For  California  decisions  and  decisions  of  the  courts  of  other 
states  construing  dairy  laws,  see  "California  State  Dairy 
Laws,"  issued  by  the  Department  of  Agriculture,  Division  of 
Animal  Industry. 


INSPECTION  OF  MEAT  AND  MEAT  FOOD  PRODUCTS. 

An  act  providing  for  the  inspection  of  animals  slaughtered 
for  human  food,  providing  for  the  inspection  of  the  meat 
and  meat  food  products  of  such  animals,  providing  for  the 
collection  of  fees  to  defray  the  expenses  incurred  by  main- 
taining such  inspection,  providing  for  the  appointment  and 
duties  of  officials  to  carry  into  effect  the  provisions  of  this 
act,  providing  for  the  marking  of  carcasses  and  parts 
thereof,  and  providing  a  penalty  for  violation  thereof. 

(Approved  May  11,  1917  ;  Stats.  1917,  p.  423.) 

SECTION  1.     Any  person,  firm  or  corporation  in  the  State  inspection 
of  California,  engaged  in  the  slaughtering  of  cattle,  sheep, 
swine,  or  goats,  desiring  to  have  the  healthfulness  of  the  meat 
and  meat  food  products  of  such  animals  certified  to,  may  make  narfan. 

5—49649 


66 


STATE    DEPARTMENT   OF    AGRICULTURE. 


application  for  the  inauguration  of  an  inspection  service  in 
such  establishment.  Said  application  shall  be  in  writing 
addressed  to  the  state  veterinarian*  of  California,  and  shall 
be  made  on  blanks  which  will  be  furnished  by  said  state 
veterinarian.  In  such  application  such  applicant  for  inspec- 
tion shall  agree  to  comply  with  the  provisions  of  this  act  and 
to  maintain  said  establishment  in  a  clean  and  sanitary  man- 
ner. Upon  receipt  of  said  application  the  state  veterinarian 
shall  make  an  inspection  of  said  establishment  and  if  found 
clean  and  sanitary,  and  properly  equipped  to  conduct  its 
business  in  a  clean  and  sanitary  manner,  he  shall  inaugurate 
an  inspection  service  therein,  and  shall  give  to  such  establish- 
ment an  official  number,  and  this  number  shall  be  used  to 
mark  the  meat  and  meat  food  products  of  the  establishment 
as  hereinafter  provided.  Such  an  establishment  shall  there- 
after be  known  as  "  Official  Establishment  No. " 

Fees.  SEC.  2.     The  cost  of  such  inspection  service  shall  be  borne 

by  the  establishment  where  it  is  maintained  and  shall  be  paid 
for  in  the  following  manner:  When,  in  the  opinion  of  the 
state  veterinarian,*  the  volume  of  business  is  sufficient  to  occupy 
the  continuous  services  of  one  inspector,  such  establishment 
shall  pay  a  fee  of  one  hundred  and  fifty  dollars  per  month. 
When,  in  the  opinion  of  the  state  veterinarian,  the  services  of 
more  than  one  inspector  are  required  to  properly  carry  on  the 
work,  the  fee  in  such  cases  shall  be  one  hundred  and  fifty 
dollars  per  month  for  the  first  inspector,  and  one  hundred  and 
twenty-five  dollars  per  month  for  each  additional  inspector. 
When,  in  the  opinicn  of  the  state  veterinarian,  the  inspection 
work  in  two  or  more  neighboring  establishments  can  be  prop- 
erly supervised  by  one  inspector,  said  state  veterinarian  may, 
in  such  cases,  prorate  the  fees  among  such  establishments,  but 
in  no  instance  where  only  one  inspector  is  employed  to  super- 
vise the  work  in  more  than  one  establishment  shall  the  aggre- 
gate fees  be  less  than  one  hundred  and  fifty  dollars  per  month, 
and  in  no  such  instance  shall  the  individual  fees  be  less  than 
fifty  dollars  per  month.  All  .such  fees  shall  be  paid  during 
the  first  week  of  January,  April,  July  and  October  of  each 
year  and  they  shall  be  paid  in  advance  for  the  ensuing  three 
months.  Such  fees  shall  be  paid  to  the  state  veterinarian,  who 
shall  at  least  as  often  as  once  each  month  and  oftener  if 
required  to  do  so,  report  to  the  state  controller  the  total 
amount  of  fees  collected,  and  at  the  same  time  he  shall  pay 
into  the  state  treasury  the  entire  amount  of  said  receipts.  All 
such  receipts  shall  be  credited  to  the  meat  hygiene  fund,  which 
fund  is  hereby  created,  out  of  which  shall  be  paid  the  salaries 
of  inspectors  who  are  appointed  in  accordance  with  the  pro- 
visions of  this  act,  as  well  as  other  expenses  that  may  be 
incurred  incidental  thereto.  In  no  instance,  however,  shall 
any  of  the  fees  collected  as  provided  herein  be  refunded.  The 

*See  note,  page  11  hereof. 


LAWS    RELATING    TO   ANIMAL   INDUSTRY.  67 

state  veterinarian  is  hereby  authorized  to  appoint  such  inspec- 
tors as  may  be  necessary  to  carry  out  the  provisions  of  this  act. 

SEC.  3.  All  slaughtering  in  each  official  establishment  shall  Hours  for 
be  conducted  between  the  hours  of  seven  o'clock  a.m.  and slaughtenng- 
seven  o'clock  p.m.  of  any  one  week  day,  unless  a  special  permit 
in  writing  or  by  telegram,  authorizing  slaughtering  at  any 
other  time,  is  granted  by  the  state  veterinarian.*  The  manager 
or  other  person  in  charge  of  such  establishment  shall  inform 
the  inspector  when  work  has  been  concluded  for  the  day,  and 
of  the  day  and  hour  when  work  will  be  resumed.  Where  one 
inspector  is  detailed  to  conduct  the  work  at  two  or  more 
establishments  where  few  animals  are  slaughtered,  the  inspector 
may  designate  the  hours  for  work. 

SEC.  4.     In    each    official    establishment    an    ante    mortem  Ante  mortem 
examination  shall  be  made  of  all  cattle,  sheep,  swine  and  goats  examination- 
about  to  be  slaughtered,  and  satisfactory  facilities  shall  be 
provided  for  conducting  such  examinations,  and  for  separating 
and  holding  apart  from  passed  animals  those  that  are  unfit  for 
immediate  slaughter. 

SEC.  5.  In  each  official  establishment  a  careful  inspection  Parts  to  be 
shall  be  made  of  all  animals  at  the  time  of  slaughter.  The  inspected- 
head  and  tongue,  tail,  thymus  gland,  and  all  viscera,  and  all 
parts  and  blood  used  in  the  preparation  of  meat  food  and 
medicinal  products  shall  be  retained  in  such  a  manner  as  to 
preserve  their  identity  until  after  the  post-mortem  examina- 
tion has  been  completed.  Carcasses  and  parts  thereof  found 
to  be  sound,  healthful,  wholesome  and  fit  for  human  food  shall 
be  passed  and  marked  in  the  following  manner :  Upon  all  Mark, 
passed  carcasses  and  parts  thereof  slaughtered  in  an  official 
establishment  the  inspector  shall  place  a  mark  bearing  the 
words  "Cal.  Inspected  and  Passed."  This  mark  shall  also 
contain  the  official  number  of  the  establishment.  The  number 
of  such  marks  that  shall  be  affixed  and  their  location  on  the 
carcasses  and  parts  thereof  shall  be  determined  by  the  state 
veterinarian.  Each  carcass  or  part  thereof,  which  is  found  on 
post-mortem  inspection  to  be  unsound,  unhealthful,  unwhole- 
some or  otherwise  unfit  for  human  food  shall  be  marked  con- 
spicuously by  the  inspector  at  the  time  of  inspection  with  the 
words  "Cal.  Inspected  and  Condemned,"  and  such  carcass  or 
part  thereof  shall,  under  the  supervision  of  the  inspector,  be 
rendered  unfit  for  human  consumption  in  some  manner 
approved  by  the  state  veterinarian. 

SEC.  6.  The  state  veterinarian*  shall,  from  time  to  time,  Rules  and 
make  such  rules  and  regulations  as  are  necessary  for  the 
efficient  execution  of  the  provisions  of  this  act,  and  all  inspec- 
tions and  examinations  made  under  this  act  shall  be  such  and 
made  in  such  manner  as  described  in  the  rules  and  regulations 
prescribed  by  said  state  veterinarian  not  inconsistent  with  the 
provisions  of  this  act ;  provided,  however,  that  in  making  such 
rules  and  regulations  said  state  veterinarian  shall  be  guided 

*See  note,  page  11  hereof, 


68  STATE   DEPARTMENT   OF   AGRICULTURE. 

by  the  regulations  governing  meat  inspection  of  the  United 
States  department  of  agriculture. 

violation.  SEC.  7.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration except  the  inspector  as  herein  provided,  to  have  in 
possession,  keep  or  use  any  mark,  stamp  or  brand  provided  or 
used  for  marking,  stamping  or  branding  any  article  herein 
required  to  be  marked,  stamped  or  branded.  It  shall  be 
unlawful  for  any  person,  firm  -or  corporation  to  have  in 
possession,  keep,  make  or  use  any  mark,  stamp  or  brand  hav- 
ing thereon  a  device  or  words  similar  in  character  or  import 
to  the  marks,  stamps  or  brands  provided  or  used  for  marking, 
stamping  or  branding  such  articles,  and  any  violation  hereof 
shall  be  deemed  a  misdemeanor. 


CATTLE  PROTECTION  AND  BRAND  LAW. 


REGISTRATION    OF    CATTLE    BRANDS    AND    LICENSING 
OF  SLAUGHTERERS. 

An  act  to  create  a  cattle  protection  board*  to  define  its  powers 
and  duties,  to  protect  the  breeders  and  growers  of  cattle 
from  theft,  to  provide  for  the  registration  of  cattle  brands 
and  the  licensing  of  cattle  slaughterers  and  sellers  of  the 
meat  thereof,  to  provide  for  the  inspection  of  cattle  and 
cattle  hides  for  brands  and  marks,  to  provide  for  the  col- 
lection of  license  and  inspection  fees,  to  provide  for  the 
creation  of  a  fund  to  be  known  as  the  cattle  protection 
fund,  and  to  provide  penalties  for  violation  of  the  provisions 
hereof. 

(Approved  May  28,   1917;   Stats.   1917,  p.   1237.) 

cattle  protec-  SECTION  1.  That  there  be  and  is  hereby  created  a  cattle 
creatSrd  protection  board,*  to  be  appointed  by  the  governor  of  the  State 
of  California,  which  shall  consist  of  three  members,  two  of 
whom  shall  be  identified  with  and  experienced  in  the  cattle 
industry  of  the  State  of  California  and  the  other  shall  be  the 
state  veterinarian.  Said  board  shall  elect  one  of  their  num- 
ber chairman.  The  members  of  said  board  shall  each  receive 
ten  dollars  per  day  for  the  time  by  him  necessarily  employed 
in  discharging  the  duties  required  in  this  chapter;  provided, 
however,  that  in  no  one  year  shall  the  board  be  in  session 
more  than  sixty  days,  except  upon  the  call  of  the  governor. 
Term.  The  members  of  said  board  shall  hold  office  during  _the 

Appointees,    pleasure  of  the  governor.     Said  board  is  hereby  authorized 
to  appoint  a"  secretary,  counsel,  inspectors,  and  such  clerks  as 

*By  section  8  of  the  act  of  1919,  creating  a  Department  of  Agriculture 
(see  page  9  hereof),  the  duties  and  powers  of  the  Cattle  Protection  Board 
were  transferred  to  this  department.  Upon  the  organization  of  the  depart- 
ment these  duties  were  assigned  to  the  Division  of  Animal  Industry. 
"Cattle  Protection  Board"  should  be  read,  therefore,  "Department  of 
Agriculture,  Division  of  Animal  Industry." 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  69 

may  be  necessary  to -carry  out  the  provisions  of  this  act,  and 
fix  the  salaries  of  said  appointees.  Such  per  diem  and 
expenses  of  said  members  of  the  cattle  protection  board,  as 
well  as  the  salaries  and  expenses  of  all  appointees  of  said 
board,  including  all  other  additional  expenses  incurred  by 
enforcement  of  this  act  as  hereinafter  provided,  shall  be  paid 
out  of  the  cattle  protection  fund  which  fund  is  hereafter  cattle  protec- 

.  n     n  tion  fund. 

provided. 

Said  board  is  hereby  authorized,  and  it  is  made  its  duty,  Duty  of  board 
to  exercise  a  general  supervision  over,  and  protect  the  cattle 
of  this  state  from  theft  and  to  make  such  rules  and  regula- 
tions as  may  be  necessary  to  carry  out  the  purposes  and  intent 
of  this  act. 

SEC.  2.  Every  person  owning  cattle  in  this  state  except  cattle 
as  hereinafter  provided  may  adopt  a  brand  with  which  to 
brand  his  cattle;  provided,  such  brand  be  not  similar  to  the 
brand  heretofore  adopted  by  any  other  person,  except  by 
special  permit  issued  by  the  cattle  protection  board.*  Said  Record  of 
board  shall  cause  said  brands  to  be  recorded  in  books  kept  br 
for  that  purpose.  The  recording  of  a  brand  shall  consist  of 
depicting  in  the  brand  book  a  facsimile  of  the  design  of  the 
brand  adopted,  together  with  an  entry  in  said  book  bearing 
a  statement  of  the  name,  residence,  and  post-office  address 
of  the  person  adopting  the  same,  the  date  the  brand  was  pre- 
sented for  record,  the  place  upon  the  animal  where  the  brand 
is  proposed  to  be  used,  the  number  of  the  district  and  a  state- 
ment of  the  location  of  the  range  whereon  such  animals  are  to 
range.  Before  any  such  record  shall  be  made,  proof  shall  be 
made  that  the  person  applying  to  have  such  brand  recorded 
is  the  owner  thereof  and  entitled  to  use  the  same. 

The  said  board  may  divide  the  state  into  a  number  of  dis-  Districts, 
tricts.  Such  districts  may  be  changed  from  time  to  time,  so 
that  all  of  the  persons  engaged  in  raising  cattle  within  the 
State  of  California  may  adopt  and  record  a  brand,  without 
requiring  that  any  one  brand  shall  be  adopted  or  recorded  in 
any  two  contiguous  districts;  provided,  however,  that  where 
cattle  in  two  or  more  contiguous  districts  are  owned  by  one 
person,  said  person  shall  have  the  right  to  the  use  of  said 
brand  in  contiguous  districts. 

SEC.  3.     The  sum  of  two  dollars  shall  be  paid  to  said  board  Fees. 
for  the  recordation  of  any  brand;  for  the  right  to  the  con- 
tinued use  of  said  brand,  under  the  provisions  of  this  act,  the 
owner  thereof  shall  before  the  first  day  of  January  of  each 
year  after  its  recordation  transmit  to  the  board  the  sum  of  one 
and  one-half  dollars.     A  failure  to  make  such  payment  shall  Forfeiture  of 
forfeit  the  right  to  use  said  brand. 

When  the  right  to  any  brand  recorded  hereunder  shall  have 
become  forfeited,  said  brand  shall  not  be  recorded  by  any  other 
person  until  after  the  expiration  of  one  year  from  the  date  of 
the  forfeiture  thereof. 

*See  note,  page  68  hereof. 


70 


STATE   DEPARTMENT   OF   AGRICULTURE. 


Unrecorded 
brand. 


Sale  of 
range  cattle. 


Not  appli- 
cable to 
registered, 
etc.,  cattle. 


License  to 
slaughter 
cattle. 


Bond. 


Annual  fee. 


SEC.  4.  No  person  shall  brand  any  cattle  in  this  state  with 
a  brand  that  has  not  been  recorded  under  the  provisions  of  this 
act,  nor  use  any  device  to  obliterate  a  brand. 

SEC.  5.  Upon  the  sale  or  transfer  of  any  range  cattle  in 
this  state,  the  actual  delivery  of  such  animal  shall  be  accom- 
panied by  a  written  bill  of  sale,  giving  the  number,  kind  and 
marks  and  brands  of  each  animal,  which  bill  of  sale  shall  be 
signed  by  the  party  giving  the  same  and  acknowledged  by  him 
before  two  subscribing  witnesses  who  have  been  freeholders  of 
the  county  for  at  least  two  years. 

SEC.  6.  It  is  hereby  expressly  provided  that  the  provisions 
in  this  act  shall  not  apply  to  registered  purebred  cattle  or  pure- 
bred cattle  which  can  be  identified  as  being  entitled  to  registra- 
tion, or  to  the  dressed  carcasses  of  veal  with  unmarked  or 
unbranded  hides  thereon,  or  cows  actually  used  for  dairy 
purposes. 

SEC.  7.  It  shall  be  unlawful  for  any  person  to  slaughter  any 
cattle  or  offer  for  sale,  barter  or  exchange  the  meat  thereof, 
unless  he  shall  have  a  license  therefor  issued  in  accordance 
with  the  provisions  of  this  act,  except  as  herein  otherwise 
provided. 

Every  person  slaughtering  cattle  as  a  business  shall  do  so  in 
a  designated  slaughterhouse,  and  before  he  shall  begin  the 
business  of  slaughtering  cattle  or  selling  the  meat  thereof,  he 
shall  first  procure  from  the  board*  a  license  to  carry  on  such 
business,  under  the  conditions  and  upon  the  payment  of  the 
fees  herein  provided  for.  After  procuring  such  license  and 
before  engaging  in  .such  business  he  shall  execute  a  bond  to 
the  State  of  California,  in  the  penal  sum  of  one  thousand 
dollars  ($1,000)  to  be  approved  by  the  secretary  of  the  board, 
conditioned  that  such  person  shall  not  slaughter,  sell  or  expose 
for  sale  any  cattle  or  the  meat  thereof,  without  first  being  the 
legal  and  equitable  owner  thereof,  or  being  authorized  to  so 
slaughter,  sell  or  expose  for  sale  such  animal,  or  the  meat 
thereof,  by  such  owner,  and  that  in  case  he  shall  violate  any  of 
the  provisions  hereof,  he  shall  pay  therefor  double  the  value  of 
such  animal.  The  amount  so  recovered  shall  be  paid  as  follows : 
One-half  to  the  owner  of  such  animal  and  the  remaining  one- 
half  to  the  cattle  protection  fund. 

Said  board  shall  grant  to  every  applicant  therefor,  who 
complies  with  all  the  provisions  of  this  act  a  license  to 
slaughter  cattle  and  sell  the  meat  thereof  for  the  unexpired 
portion  of  the  calendar  year  in  which  said  license  is  granted. 
Every  applicant  for  such  a  license  shall  pay  to  said  board 
the  following  annual  fee  which  shall  be  paid  in  advance: 
For  applicants  who  slaughter  less  than  ten  head  per  month, 
one  dollar  per  annum.  For  applicants  who  slaughter  more 
than  ten  head  and  less  than  fifty  head  per  month,  ten  dollars 
per  annum.  For  applicants  who  slaughter  more  than  fifty 
head  per  month,  twenty-five  dollars  per  annum.  For  a  shorter 

*See  note,  page  68  hereof. 


LAWS    RELATING   TO    ANIMAL   INDUSTRY.  71 

term  than  one  year  a  proportionate  part  of  said  fee  shall  be 
paid.  The  applicant  for  such  license  shall  state  in  his  appli- 
cation where  his  slaughterhouse  is  located,  and  during  the 
term  of  such  license  he  shall  not  slaughter  any  cattle  at  any 
other  place  than  that  specified  in  his  license.  If  the  holder 
of  a  license  desires  to  change  the  location  of  his  slaughterhouse, 
he  shall  apply  to  said  board  to  have  such  license  transferred 
and  the  board  may  reissue  such  license  without  any  addi- 
tional fee. 

Every  holder  of  such  a  license  shall,  at  the  expiration  of  Monthly 
each  calendar  month,  make  a  written  report  and  send  the  same 
by  registered  mail  to  said  board.     Such  report  shall  include 
the  following: 

(a)  The  number  and  sex  of  the  cattle  slaughtered  in  such 
establishment  during  the  calendar  month  just  past. 

(6)  The  names  and  addresses  of  persons  from  whom  said 
cattle  were  purchased  or  otherwise  obtained. 

(c)  The  brands  and  marks  on  said  cattle. 

(d)  The    dates   on   which   said   cattle   were   purchased   or 
otherwise  obtained  and  the  dates  on  which  said  cattle  were 
slaughtered. 

Said  statement  shall  be  signed  by  such  licensee  or  his  duly  Forfeit  of 
authorized  agent.     Upon  failure  or  neglect  of  said  licensee  ^JJJJ  t°on 
or  his  duly  authorized  agent  for  a  period  of  fifteen  days  to  make 
file  such  a  statement  in  the  manner  as  herein  provided,  the  stl 
said  board  shall  have  the  power  and  it  shall  be  its  duty  to 
forfeit  the  license  of  such  licensee;  and  thereafter  it  shall  be 
unlawful  for  the  owner  of  said  slaughtering  establishment, 
or  for  any  other  person  to  slaughter  any  cattle  in  said  estab- 
lishment until  a  new  application  is  made  by  him  to  said  board, 
accompanied  by  a  fee  of  twenty-five  dollars;  provided,  how- 
ever, that  said  board  shall*  have  the  power  and  it  shall  be  its 
duty  to  refuse  to  renew  the  license  of  any  slaughterer  who 
has  knowingly  slaughtered  cattle  without  the  consent  of  the 
owner  thereof. 

SEC.  8.     Every  peddler,  butcher  or  retailer  of  meats,  pur-Recordby 
chasing  the  meat  of  any  bovine  animal,  must  enter  in  a  book  ^Jcr  of 
to  be  kept  for  that  purpose  and  exhibit  the  same  on  demand,  purchased, 
the  name  of  the  person  from  whom  said  meat  was  purchased 
or  otherwise  obtained,  the  date  of  ?aid  purchase  and  the  quan- 
tity so  purchased. 

It  shall  be  unlawful  for  any  peddler  or  retailer  of  meat, 
or  person  in  control  of  any  butcher  shop,  to  purchase  the 
meat  of  any  slaughtered  bovine  animal  from  any  person  not 
known  to  him  to  be  licensed  under  the  provisions  of  this  act. 

Any  person  who  fails  on  demand  to  inform  any  officer  of 
this  state  where  and  from  whom  he  has  obtained  any  meat  of 
any  bovine  animal  that  he  has  in  his  possession,  shall  be 
deemed  guilty  of  a  misdemeanor. 


72 


STATE   DEPARTMENT   OF    AGRICULTURE. 


Slaughter  by 
ranchman 
for  own 
consumption 


Hides 
retained. 


Record  of 
cattle 
slaughtered 
by 

ranchman. 


Cattle  to  be 
inspected 
before 
slaughter. 


Certificate  of 
brand,   etc., 
before 
shipment. 


Nothing  in  this  act  shall  be  so  construed  as  to  prohibit  an 
owner  of  property,  or  a  ranchman  located  on  a  definite  prop- 
erty as  a  tenant,  lessee  or  purchaser  under  contract,  from 
slaughtering  cattle  in  small  numbers  on  said  premises  for  his 
own  consumption,  and  nothing  herein  shall  be  so  construed  as 
to  prohibit  such  ranchman  from  selling  or  giving  away  a  por- 
tion thereof ;  provided,  that  such  person  shall  not  be  required 
to  take  out  a  license. 

SEC.  9.  The  hides  of  all  such  cattle  slaughtered  by  the 
owner  thereof,  or  removed  from  any  cattle  which  have  died 
from  any  cause,  shall  be  retained  in  the  possession  of  the 
owner  where  the  same  may  be  inspected,  with  the  brands 
attached  thereto,  and  without  any  alteration  or  disfiguration 
thereof,  for  a  period  of  at  least  fifteen  days  after  the  death 
of  said  cattle,  or  until  said  hides  are  inspected. 

Every  ranchman,  who  so  slaughters  cattle  on  such  premises, 
shall  keep  a  record  in  a  book  to  be  kept  for  that  purpose  of  all 
the  cattle  so  slaughtered  by  him,  with-  a  description  thereof, 
including  all  the  marks  and  brands  of  such  slaughtered 
cattle,  the  date  of  slaughter,  and  shall  at  the  end  of  each  month, 
make  a  true  and  correct  copy  of  such  record  and  send  the  same 
by  registered  mail  to  the  office  of  the  cattle  protection  board,* 
and  shall  likewise  exhibit  the  said  record  on  demand  of  any 
officer  of  this  state. 

SEC.  10.  No  cattle  except  cattle  shipped  for  slaughter  and 
which  have  been  inspected  as  herein  provided  prior  to  ship- 
ment, shall  be  slaughtered  until  they  shall  have  been  first 
inspected  and  certified  to  as  being  the  property  of  the  person 
slaughtering  same  or  causing  same- to  be  slaughtered  or  being 
duly  authorized  by  the  owner  thereof  to  slaughter  said  cattle ; 
provided,  that  any  person  licensed  hereunder  to  slaughter 
cattle  after  twenty-four  hours  notice  in  writing,  addressed  to 
the  local  inspector  demanding  his  presence  at  a  specified  time 
and  place  for  the  purpose  of  inspecting  such  cattle  for  slaugh- 
tering, may,  without  the  certificate  of  inspection  of  said  inspec- 
tor slaughter  said  cattle,  providing  he  makes  a  written  state- 
ment designating  the  general  description  of  the  animal  or  ani- 
mals slaughtered,  such  as  the  age,  color,  weight,  etc.,  and 
specifying  in  detail  the  earmarks  and  brands  of  such  animal  or 
animals;  and  provided,  further,  that  he  retain  the  hides  of  such 
animal  or  animals  for  at  least  fifteen  days  thereafter  as  herein- 
before provided. 

SEC.  11.  It  shall  be  unlawful  for  any  common  carrier  to 
receive  any  cattle,  or  the  hides  of  any  cattle,  for  transportation 
to  points  within  or  without  this  state  until  such  carrier  shall 
have  been  furnished  with  duplicate  certificates  signed  by  an 
inspector,  showing,  in  the  case  of  cattle,  the  brands  and 
earmarks  of  such  cattle,  the  number  of  cattle  of  each 
earmark  and  brand,  the  names  of  shipper  and  consignee 
and  also  the  origin  and  destination  of  said  cattle.  In  the  case 

*See  note,  page  68  hereof. 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  73 

of  cattle  hides,  the  certificates  shall  state  the  number  of  hides, 
the  names  of  shipper  and  consignee  and  also  the  origin  and  des- 
tination of  said  hides.  One  copy  of  said  certificate  shall  be 
mailed  forthwith  by  the  agent  or  other  person  in  control  of  the 
common  carrier  at  the  point  at  which  said  cattle  are  received 
for  shipment,  to  the  consignee. 

SEC.  12.     It  shall  be  the  duty  of  inspectors  to  inspect  all  inspection  of 
cattle  for  marks  and  brands  which  are  offered  for  transporta-  Shipped? be 
tion  to  any  common  carrier  at  the  loading  stations  thereof. 

If  upon  such  inspection  cattle  shall  be  found  not  belonging 
to  the  shipper,  all  such  cattle  shall  be  taken  by  the  inspector 
and  dealt  with  in  accordance  with  the  rules  of  the  board  in 
such  cases  made. 

Inspectors  must  inspect  all  cattle  subject  to  inspection 
immediately,  and  when  inspected,  the  one  in  charge  thereof 
shall  at  once  pay  to  the  inspector  therefor  the  sum  of  five  cents 
per  head,  whereupon  the  inspector  shall  certify  that  said  cattle 
have  been  inspected. 

SEC.  13.     It  shall  be  the  duty  of  the  said  board*  to  prepare  volumes  for 
volumes  for  the  recordation  of  said  marks  and  brands,  and  to  |JcJ[£kion 
keep  a  true  record  of  all  its  official  transactions.     When  cattle  and  brands. 
or  the  hides  thereof  have  been  shipped  or  slaughtered,  each 
record  thereof  must  be  entered  under  the  name  of  the  owner  of 
said  mark  or  brand,  and  must  be  entered  in  such  a  manner  as 
to  disclose  under  the  record  of  each  particular  mark  or  brand, 
the  number  of  cattle  bearing  any  other  marks  or  brands.     An 
index  shall  be  kept  of  unrecorded  brands,  as  well  as  of  those 
that  have  been  recorded  under  the  provisions  hereof. 

SEC.  14.     Any  person,  not  being  the  owner,  or  having  the  Driving  cattle 
right  of  possession,  of  any  cattle,  who  shall  be  found  driving  ° 
such  cattle  off  its  usual  range,  without  the  consent  of  the  owner 
thereof,  shall  be  guilty  of  grand  larceny. 

SEC.  15.     The  secretary  of  the  cattle  protection  board*,  atj^jj0' 
least  as  often  as  once  each  month,  shall  report  to  the  state  secretary, 
controller  the  total  amount  of  fees  collected,  and  at  the  same 
time  he  shall  pay  into  the  state  treasury  the  entire  amount  of 
such  receipts.     All  such  receipts  shall  be  credited  to  the  cattle 
protection  fund,  which  fund  is  hereby  created,  and  shall  be 
held  subject  to  the  uses  of  the  cattle  protection  board,   as 
defined  in  this  act. 

SEC.  16.  The  term  " range"  for  the  purpose  of  the  inter-  "Range." 
pretation  and  application  of  this  act  shall  be  understood  to 
mean  the  enclosed  or  unenclosed  lands  outside  of  cities,  towns 
and  villages  in  this  state,  whether  of  the  public  domain  or  in 
private  ownership,  upon  which  by  custom,  license  or  other- 
wise, cattle  are  kept  or  permitted  to  roam  and  feed. 

The  term  "person"  wherever  used  includes  every  person,  -Person." 
persons,  firm,  association  or  corporation. 

The  term  "cattle"  wherever  used  includes  every  kind  of  "Cattle." 
animal  of  the  bovine  species. 

*See  note,  page  68  hereof. 


74  STATE    DEPARTMENT   OF   AGRICULTURE. 

Penalty.  SEC.  17.  Any  person  violating  any  provisions  of  this  act 

shall,  unless  otherwise  specifically  designated  herein,  be  guilty 
of  a  misdemeanor. 

Repeal.  SEC.  18.  All  acts  and  parts  of  acts  in  conflict  herewith  are 

hereby  repealed. 

ANIMALS    RUNNING   AT    LARGE. 
Political  Code. 

§3167.     Owners  of  horses,  mules,  cattle,  sheep,  goats,  or  hogs 
running  at  large  must  have  a  mark,  brand,  and  counterbrand 
brandtohave  different  from  any  one  in  use  by  any  other  person,  so  far  as 

may  be  known. 

receded  §3168.     Every  owner  must  record  with  the  recorder  of  the 

with  county  county  his  mark,  brand,  and  counterbrand  by  delivering  to  the 
recorder.  recorder  his  mark,  cut  upon  a  piece  of  leather,  and  his.  brand 
and  counterbrand  burnt  upon  it,  which  shall  be  kept  in  the 
.  recorder's  office.  A  certified  copy  thereof  made  by  the 
recorder,  with  the  seal  of  his  office  attached  thereto,  is  evidence 
on  the  trial  of  any  action  in  a  court  of  competent  jurisdiction 
as  to  the  ownership  of  all  animals  legally  marked  or  branded. 
The  recorder  must  enter  in  a  book  to  be  kept  by  him  for  that 
purpose  a  copy  of  the  marks,  brands,  and  counterbrands;  but 
he  must  first  be  satisfied  that  such  brand  and  counterbrand 
tendered  to  him  for  record  is  unlike  any  other  mark,  brand, 
or  counterbrand  in  the  county,  and,  as  far  as  his  knowledge 
extends,  is  different  from  any  other  in  the  state.  For  recording 
the  mark,  brand,  and  counterbrand  the  recorder  is  entitled  to 
demand  and  receive  one  dollar. 

dufiesder's  §3169.  Every  recorder  in  this  state  must  transmit  to  the 
recorders  of  the  adjoining  counties  a  transcript  of  all  the  marks, 
brands,  and  counterbrands  recorded  in  his  office,  to  be  filed  by 
such  recorders  in  their  offices,  and  reference  thereto  must  be 
made  in  every  case  of  application  for  the  record  of  marks  and 
brands. 

Brands  must       §3170.     No  mark,  brand,  or  counterbrand  is  lawful  unless 

be  recorded,   recorded  as  provided  in  this  article,  nor  shall  any  person  use 

more  than  one  mark  or  brand,  unless  he  is  the  owner  of  more 

than  one  ranch  or  farm. 

Marks  not         §3171.     No  person  must  use  a  mark  by  cutting  off  the  ear 

or  by  cutting  the  ear  on  both  sides  to  a  point. 

Branding  §3172.     Every  person  must  mark  or  brand  his  horses  and 

mules  before  they  are  eight  months  old,  and  cattle  before  they 
are  twelve  months'  old,  on  the  hip  or  hinder  part,  and  mark  or 
brand  his  sheep,  goats,  and  hogs,  before  they  are  six  months 
old.  On  the  trial  of  any  action  to  recover  the  possession  of 
any  animal  which  is  marked  or  branded,  the  mark  or  brand  is 
prima  facie  evidence  that  the  animal  belongs  to  the  owner  of 
the  mark  or  brand.  When  a  dispute  occurs  in  regard  to  a 
mark  or  brand,  the  person  first  recording  the  same  is  entitled 
thereto.  (Amendment  approved  1874;  Code  Amdts.  1873-74, 
p.  43.) 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  75 

§3182.     Persons    selling    cattle,    horses,    mules,    jacks,    or  Regulations 
pennies,  must  counterbrand  them  on  the  shoulders,  or  give  a  SSmS1* 
written  descriptive  bill  of  sale. 

§3183.  Any  person  who  uses  any  mark,  brand,  or  counter-  Penalty  for 
brand  other  than  the  one  recorded  by  him,  except  by  the  coSmark. 
consent  of  the  owner  of  such  other  mark,  brand,  or  counter- 
brand,  or  uses  more  than  one  mark,  brand,  or  counterbrand 
otherwise  than  is  provided  in  article  one,  or  suffers  his  ward, 
child,  apprentice,  or  servant  to  use  any  other  than  his  own 
mark,  brand,  or  counterbrand  on  those  of  the  stock  they  run 
with,  forfeits  to  any  person  suing  therefor  the  stock  so  marked 
or  branded  with  any  other  than  the  proper  mark  or  brand 
recorded  by  him.  This  section  does  not  extend  to  any  stock 
which  may  descend  to  any  ward,  child,  apprentice,  or  servant 
by  the  gift  or  devise  of  any  person  other  than  the  guardian, 
parent,  or  master  of  such  ward,  child,  apprentice,  or  servant; 
but  the  marks,  brands,  and  counterbrands  of  such  minors, 
apprentices,  or  servants  must  be  recorded  as  other  marks, 
brands,  and  counterbrands. 

§3184.  If  any  person  has  knowledge  of  any  person,  who,  Fraudulently 
with  the  intent  to  defraud  or  willingly  [willfully]  mismarks 
or  misbrands  any  stock  not  his  own,  or  kills  any  stock  running 
at  large  having  a  proper  owner,  the  person  having  such  knowl- 
edge must,  within  ten  days  thereafter,  give  information 
thereof  to  some  justice  of  the  peace  of  the  proper  county. 


PERPETUATION  OF  MARKS  AND  BRANDS. 

An  act  to  perpetuate  marks,  brands  and  counterbrands  estab- 
lished in  the  several  counties  of  the  state  under  sections 
three  thousand  one  hundred  sixty-eight  and  three  thousand 
one  hundred  sixty-nine  of  the  Political  Code,  to  provide 
methods  of  perpetuation  and  declaring  all  marks,  brands 
and  counterbrands  not  so  perpetuated  to  be  inoperative 
and  void. 

(Approved  April   16,    1917;   Stats.    1917,  p.   138.) 

SECTION  1.  The  county  recorder  of  each  county  in  whose 
office  there  are  recorded  more  than  one  hundred  marks,  brands 
and  counterbrands  under  the  provisions  of  section  three  thou- 
sand  one  hundred  sixty-eight  of  the  Political  Code,  shall,  brands, 
within  thirty  days  after  this  law  goes  into  effect,  cause  to  be 
published  in  a  newspaper  of  general  circulation  in  such  county, 
the  following  notice: 

"Every  person,  who,  under  and  by  virtue  of  compliance 
with  section  three  thousand  one  hundred  sixty-eight  of  the 
Political  Code,  owns  a  mark,  brand  or  counterbrand,  must, 
within  three  months  after  final  publication  of  this  notice,  notify 
the  county  recorder  of  his  desire  to  continue  and  perpetuate 
such  mark,  brand  and  counterbrand.  This  notification  must  be 


76 


STATE    DEPARTMENT   OF   AGRICULTURE. 


in  words  of  positive  and  reasonable  intendment  and  must  be 
either  by  registered  letter  or  by  personal  application  addressed 
to  said  county  recorder.     Any  person  failing  to  so  continue  and 
perpetuate  such  mark,  brand  and  counterbrand,  shall  lose  all 
right,  title  and  interest  therein. 
First  publication:  (naming  date). 
Last  publication :  (naming  date). 


Marks,  etc., 

deemed 

abandoned. 


County  recorder  of county." 

publication.  SEC.  2.  The  notice  set  forth  in  section  one  shall  be  published 
six  times  at  intervals  of  four  weeks,  final  publication  to  be 
not  more  than  five  months  later  than  the  original  publication 
thereof. 

continuance  SEC.  3.  Every  person  desiring  to  continue  and  perpetuate 
tc'  any  mark,  brand  and  counterbrand  must  comply  with  the  pro- 
visions set  forth  in  the  notice  under  section  one,  and  the  county 
recorder  shall,  upon  such  compliance,  write  or  stamp  opposite 
the  record  of  such  mark,  brand  or  counterbrand  the  word 
"perpetuated." 

SEC.  4.  At  the  termination  of  three  months  after  final  pub- 
lication of  notice  set  forth  in  section  one,  the  county  recorders 
of  the  several  counties  shall  transfer  the  records  of  all  marks, 
brands  and  counterbrands  perpetuated  under  section  three  to  a 
new  book  set  apart  for  the  purpose  described  in  section  three 
thousand  one  hundred  sixty-eight  of  the  Political  Code,  and 
all  marks,  brands  and  counterbrands  in  the  custody  of  the 
county  recorders  of  the  several  counties  not  so  continued  and 
perpetuated  shall  be  deemed  to  have  been  abandoned  by  the 
owner  thereof  and  to  be  inoperative  and  void. 

SEC.  5.  Nothing  in  this  act  shall  be  construed  as  repealing 
sections  three  thousand  one  hundred  sixty-eight  and  three  thou- 
sand one  hundred  sixty-nine  of  the  Political  Code. 


CHANGING    OR    DEFACING    MARKS    AND    BRANDS. 

Penal  Code. 

§357.  Every  person  who  marks  or  brands,  alters,  or  defaces 
the  mark  or  brand  of  any  horse,  mare,  colt,  jack,  jennet,  mule, 
bull,  ox,  steer,  cow,  or  calf  belonging  to  another,  with  intent 
thereby  to  steal  the  same,  or  to  prevent  identification  thereof 
by  the  true  owner,  is  punishable  by  imprisonment  in  the  state 's 
prison  for  not  less  than  one  nor  more  than  five  years.  (As 
amended,  Stats.  1901,  p.  329.) 

§357^.  Every  person  who  marks  or  brands,  alters  or  defaces 
the  mark  or  brand  of  any  sheep,  goat,  hog,  shoat,  or  pig 
belonging  to  another,  with  intent  thereby  to  steal  the  same,  or 
to  prevent  identification  thereof  by  the  true  owner,  is  guilty 
of  a  misdemeanor.  (Added,  Stats.  1901,  p.  327.) 


Horse,  jack, 
cow,  etc. 


Sheep,  goat, 
hog. 


LAWS    RELATING    TO    ANIMAL   INDUSTRY.  77 

PUBLIC  SERVICE  OF  STALLIONS,  JACKS,  ETC. 

REGISTRATION   OF   PEDIGREE. 

An  act  to  regulate  the  public  service  of  stallions  and  jacks  in 
the  Stale  of  California. 

(Approved  May  1,  1911.     Amendments  approved  June  12,  1915  ; 
Stats.   1911,  p.   1306;   1915,  p.  1495.) 

SECTION  1.     Every  association,  person,  firm  or  corporation  Registration 
standing  or  offering  any  stallion  or  jack  for  public  service  in  etc8,  required. 
this  state  shall  cause  the  name,  description,  and  pedigree  of 
such  stallion  or  jack  to  be  enrolled  by  a  stallion  registration 
board*  hereinafter  provided  for,  and  secure  a  license  from 
said  board,  as  provided  in  section  three  of  this  act.     All  enroll- 
ment and  verification  of  pedigree  shall  be  done  in  the  office  of 
the  secretary  of  the  California  state  board  of  agriculture.     (As 
•amended,  Stats.  1915,  p.  1495.) 

SEC.  2.  In  order  to  carry  out  the  provisions  of  this  act, 
there  shall  be  constituted  a  stallion  registration  board,*  whose  board, 
duty  it  shall  be  to  verify  and  register  pedigrees ;  to  pass  upon 
certificates  of  veterinary  examination ;  to  provide,  when  neces- 
sary, for  veterinary  inspection ;  to  issue  stallion  or  jack  license 
certificates  and  tags;  to  make  all  necessary  rules  and  regula- 
tions ;  and  to  perform  such  other  duties  as  may  be  necessary  to 
carry  out  and  enforce  the  provisions  of  this  act.  Said  board 
shall  hold  meetings  at  the  office  of  the  secretary  of  the  Cali- 
fornia state  board  of  agriculture  the  first  Tuesday  and  subse- 
quent days  of  February,  May,  August  and  November  of  each 
year,  and  such  other  meetings  as  may  be  necessary.  Said 
stallion  registration  board  shall  be  composed  of  three  members, 
consisting  of  the  president  and  secretary  of  the  California  state 
board  of  agriculture  and  the  state  veterinarian.  (As  amended, 
Stats.  1915,  p.  1495.) 

SEC.  3.  In  order  to  obtain  the  license  certificate  and  tag 
herein  provided  for,  the  owner  of  each  stallion  or  jack  shall  of  stamens, 
forward  an  affidavit  on  a  form  which  shall  be  furnished  by 
the  stallion  registration  board*  and  this  affidavit  shall  be  made 
by  a  veterinarian,  legally  qualified  to  practice  as  such  in  this  . 
state,  to  the  effect  that  he  has  personally  examined  such  stal- 
lion or  jack.  If  said  stallion  or  jack  is  free  from  communi- 
cable diseases  mentioned  in  section  four  of  this  act,  a  state- 
ment to  this  effect  shall  be  made  on  said  affidavit  by  the 
examining  veterinarian.  If  said  examining  veterinarian  after 
examination  finds  such  stallion  or  jack  affected  with  any  com- 
municable disease  or  with  any  of  the  diseases  or  unsoundnesses 

*By  section  8  of  the  act  of  1919,  creating  a  Department  of  Agriculture 
(see  page  9  hereof),  the  duties  and  powers  of  the  Stallfon  Registration 
Board  were  transferred  to  this  department.  Upon  the  organization  of  the 
department,  these  duties  were  assigned  to  the  Division  of  Animal  Industry. 
"Stallion  'Registration  Board"  should  be  read,  therefore,  "Department  of 
Agriculture,  Division  of  Animal  Industry." 


78 


STATE   DEPARTMENT  OF   AGRICULTURE. 


Pedigree. 


License  to 
specify 


Records. 


Temporary 
certificates. 


License 
certificate  to 
to  be 
posted. 


mentioned  in  section  four  of  this  act,  a  statement  shall  be 
inscribed  on  such  affidavit  by  said  veterinarian  specifying  the 
disease  or  unsoundness  so  found.  The  owner  of  said  stallion  or 
jack  shall  also  furnish  to  the  stallion  registration  board  the 
studbook  certificate  of  registry  of  the  pedigree  of  said  stallion 
or  jack  when  said  stallion  or  jack  is  registered,  and  all  other 
necessary  papers  relative  to  his  breeding  and  ownership.  Upon 
verification  of  pedigree  and  certificate  of  breeding  (in  case  of 
purebred  stallions  or  jacks),  and  receipt  of  veterinarian's 
affidavit  as  provided  for  in  this  act,  a  license  certificate  shall 
be  issued  to  the  owner;  provided,  however,  that  no  license 
certificate  shall  be  issued  to  the  owner  of  any  stallion  or  jack 
in  case  said  animal  is  affected  with  any  communicable  disease ; 
and  provided,  further,  that  when  any  stallion  or  jack  is  found 
affected  with  any  of  the  diseases  or  unsoundnesses  as  men- 
tioned in  section  four  of  this  act,  the  license  certificate  so 
issued  to  the  owner  of  said  animal  shall  specify  the  disease  or 
unsoundness  with  which  said  animal  is  affected.  (As  amended, 
Stats.  1915,  p.  1495.) 

SEC.  4.  Any  stallion  or  jack  found  to  be  affected  with  any 
of  the  following  diseases  or  unsoundnesses  is  hereby  deemed 
unsound  and  likely  to  transmit  such  disease  or  unsoundness  to 
its  progeny,  and  the  license  certificate  issued  to  the  owner  of 
such  a  stallion  or  jack  shall  specify  the  disease  or  unsoundness 
as  provided  for  in  section  three  of  this  act : 

Periodic  ophthalmia  (moon  blindness)  ;  cataract,  laryngeal 
hemiphlegia  (roaring  or  whistling)  ;  pulmonary  emphysema 
(heaves,  broken  wind)  ;  chorea  (St.  Vitus  dance,  cramp iness, 
shivering,  stringhalt)  ;  bone  spavin,  ringbone,  sidebone, 
navicular  disease,  osteoporosis ;  curb,  when  accompanied  with 
faulty  confirmation  of  hock.  (As  amended,  Stats.  1915, 
p.  1496.) 

SEC.  5.  The  stallion  registration  board*  shall  make  and 
keep  records  of  all  stallions  and  jacks  enrolled  in  the  State 
of  California;  said  stallions  or  jacks  to  be  enrolled  as  "pure- 
bred," "crossbred,"  "non-standard  bred,"  "grade,"  or  "mon- 
grel, ' '  according  as  the  facts  may  have  been  determined.  Upon 
making  the  enrollment  of  said  stallion  or  jack  said  stallion  regis- 
tration board  shall  issue  the  above  said  license.  The  stallion 
registration  board  is  authorized  in  cases  of  emergency  to  grant 
temporary  license  certificates  without  veterinary  examination, 
upon  receipt  of  an  affidavit  of  the  owner  to  the  effect  that,  to 
the  best  of  his  knowledge  and  belief,  said  stallion  or  jack  is  free 
from  infectious,  contagious,  or  transmissible  disease  or  unsound- 
ness.  Temporary  license  certificate  shall  be  valid  only  until 
veterinary  examination  can  reasonably  be  made. 

SEC.  6.  The  owner  of  any  stallion  or  jack  used  for  public 
service  in  this  state  shall  post  and  keep  affixed,  during  the  entire 
breeding  season,  a  copy  of  the  license  certificate  of  such  stallion 
or  jack,  issued  under  the  provisions  of  this  act,  in  a  conspicuous 

*See  note,  page  77  hereof. 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  79 

place,  both  within  and  upon  the  outside  of  the  main  door  leading 
to  every  stable  or  building  where  the  said  stallion  or  jackisused 
for  public  service,  and  at  all  times  during  the  breeding  season 
shall  have  attached  to  the  harness  or  bridle  of  said  stallion  or 
jack  a  tag  which  shall  be  issued  with  the  certificate.  Each  bill 
and  poster  and  each  newspaper  advertisement  shall  show  the 
enrollment  certificate  number,  and  state  whether  it  reads 
"purebred,"  "grade,"  "crossbred,"  "non-standard,"  or 
"mongrel,"  and  it  shall  be  illegal  to  print  or  advertise  any 
misleading  reference  to  the  breeding  of  said  stallion  or  jack, 
his  dam  or  sire.  (As  amended,  Stats.  1915,  p.  1496.) 

SEC.  7.     The  license  certificate  issued  for  a  stallion  or  jack  J?e0™fl°ate- 
whose  sire  and  dam  are  of  purebreeding,  and  the  pedigree  of  pedigree 
which  is  registered  in  a  studbook  recognized  by  said  stallion  stock- 
registration  board,*  shall  be  in  the  following  form: 


FORM  OF  CERTIFICATE. 

(Section  7  of  Registration  Law.) 

PUREBRED. 

CALIFORNIA  STALLION  REGISTRATION  BOARD. 

Certificate  of  purebred  stallion  or  jack,  No 

The  pedigree  of  the  stallion  or  jack  (name) 

Owned  by 

Bred  by 

Described  as  follows : 

Color Breed 

Foaled  in  the  year ,  has  been  duly  examined  and  it 

is  hereby  certified  that  the  said  stallion  or  jack  is  registered 

as  number in studbook,  said  studbook 

being  recognized  by  the  stallion  registration  board  of  Cali- 
fornia, and  is  of  pure  breeding.     The  above  named  stallion  or 

jack  has  been  examined  by ,  veterinarian, 

and  is  reported  as and  is  licensed  to  stand 

for  public  service  in  the  State  of  California. 

This  license  expires  on ,  19 

Signed   , 

Secretary  California  Stallion  Registration  Board. 

Dated  this ,  19 ,  at  Sacramento,  Cal. 

*See  note,  page  77  hereof. 


80  STATE   DEPARTMENT   OF    AGRICULTURE. 

GRADE. 

purebred  ^he  ^cense  certificate  issued  for  a  grade  stallion  or  jack, 

whose  sire  or  dam  is  not  purebred,  shall  be  in  the  following 
form: 

CALIFORNIA  STALLION  REGISTRATION  BOARD. 

Certificate  of  grade  stallion  or  jack,  No 

The  pedigree  of  the  stallion  or  jack  (name) 

Owned  by 

Bred  by 

Described  as  follows : 

Color Foaled  in  the  year , 

has  been  duly  examined,  and  it  is  hereby  certified  that  the 
said  stallion  or  jack  is  not  of  pure  breeding,  and  is,  therefore, 
not  eligible  for  registration  in  any  studbook  recognized  by  the 
stallion  registration  board  of  California.  The  above  stallion 

has  been  examined  by ,  veterinarian,  and 

is  reported  as and  is  licensed  to  stand 

for  public  service  in  the  State  of  California. 

This  license  expires  on ,  19 

Signed  - , 

Secretary  California  Stallion  Registration  Board. 

Dated  this ,  19 ,  at  Sacramento,  Cal. 

CROSSBRED. 

Crossbred.  The  license  certificate  issued  for  a  stallion  whose  sire  and 
dam  are  purebred,  but  not  of  the  same  breed,  shall  be  in  the 
following  form: 

CALIFORNIA  STALLION  REGISTRATION  BOARD. 

Certificate  of  crossbred  stallion,  No 

The  pedigree  of  the  stallion  (name) 

Owned  by 

Bred  by 

Described  as  follows : 

Color Foaled  in  the  year , 

has  been  duly  examined,  and  it  is  found  that  his  sire  is  regis- 
tered in  the studbook  as  number , 

volume ,  at  page ,  and  his  dam  in  the 

studbook  as  No. ,  volume , 

and  page 

Such  being  the  case,  the  said  stallion  is  not  eligible  for  regis- 
tration in  any  studbook  recognized  by  the  stallion  registration 
board  of  California.  The  above  named  stallion  has  been  exam- 
ined by ^veterinarian,  and  is  reported  as 

-and  is  licensed  to  stand  for  public  service 

in  the  State  of  California. 

This  license  expires  on ,  19 

Signed  , 

Secretary  California  Stallion  Registration  Board. 

Dated  this ,  19__,  at  Sacramento,  Cal. 

*See  note,  page  77  hereof. 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  81 

NON-STANDARD  BRED. 

The  license  certificate  issued  for  a  non-standard  bred  stallion,  ^;standard 
shall  be  in  the  following  form : 

CALIFORNIA  STALLION  REGISTRATION  BOARD. 

Certificate  of  non-standard  bred  stallion,  No 

The  pedigree  of  the  stallion  (name) 

Owned  by 

Bred  by 

Described  as  follows : 

Color Foaled  in  the  year , 

has  been  duly  examined,  and  it  is  hereby  certified  and  found 
that  said  stallion  is  not  eligible  to  registration  as  standard  bred, 
and  for  the  purpose  of  this  license  is  not  purebred,  although 
recorded  in  the  non-standard  department  of  the  American 
trotting  register. 

The  above  named  stallion  has  been  examined  by 

,  veterinarian,  and  is  reported  as 

and  is  licensed  to  stand  for  public  service 

in  the  State  of  California. 

This  license  expires  on ,  19 

Signed   , 

Secretary  California  Stallion  Registration  Board. 

Dated  this ,  19__,  at  Sacramento,  Cal. 

MONGREL. 

The  license  certificate  issued  for  a  "mongrel"  stallion  or  "Mongrel." 
jack  shall  be  in  the  following  form: 

CALIFORNIA  STALLION  REGISTRATION  BOARD. 

Certificate  of  "mongrel"  stallion  or  jack,  No 

The  pedigree  as  far  as  known  or  traced,  of  the  stallion  or 

jack   (name)    „ 

Owned  by 

Bred  by 

Described  as  follows : 

Color Foaled  in  the  year , 

has  been  duly  examined,  and  it  is  hereby  certified  that  the  said 
stallion  or  jack  is  of  mongrel  breeding,  and  is  not  eligible  for 
registration  in  any  studbook  recognized  by  the  stallion  regis- 
tration board  of  California. 

The  above  named  stallion  has  been  examined  by 

,  veterinarian,  and  is  reported  as 

and  is  licensed  to  stand  for  public  service 

in  the  State  of  California. 

This  license  expires  on ,  19 

Signed   --         , 

Secretary  California  Stallion  Registration  Board. 

Dated  this ,  19 ,  at  Sacramento,  Cal. 

(As  amended,  Stats.  1915,  p.  1497.) 

6—49649 


82  STATE   DEPARTMENT   OP   AGRICULTURE. 

Pees.  SEC.  8.  A  fee  of  two  dollars  and  seventy-five  cents  shall  be 

paid  to  the  secretary  of  the  California  stallion  registration 
board*  for  the  examination  and  enrollment  of  each  stallion  or 
jack  pedigree,  and  for  issuance  of  a  license  certificate  and  tag, 
in  accordance  with  the  breeding  of  the  stallion  or  jack  as  above 
provided,  which  shall  be  in  force  and  effect  for  a  period  of  one 
year  from  its  date,  and  for  the  purpose  of  carrying  out  the 
provisions  of  this  act.  The  fee  shall  be  paid  to  the  secretary 
of  the  California  registration  board  at  the  time  the  application 
is  made  for  enrollment.  Upon  a  transfer  of  the  ownership  of 
any  stallion  or  jack  enrolled  under  the  provisions  of  this  act,  the 
certificate  of  enrollment  may  be  transferred  to  the  transferee 
by  the  secretary  of  the  California  stallion  registration  board 
upon  submittal  of  satisfactory  proof  of  such  transfer  of  owner- 
ship, and  upon  payment  of  a  fee  of  one  dollar  and  twenty-five 
cents.  A  fee  of  one  dollar  and  twenty-five  cents  shall  be  paid 
annually  for  the  renewal  of  a  license  certificate  and  tag.  A  fee 
of  one  dollar  and  twenty-five  cents  shall  be  paid  for  a  duplicate 
license  certificate  and  tag  upon  proof  of  the  loss  or  destruction 
of  the  original  certificate.  (As  amended,  Stats.  1915,  p.  1499.) 

investiga-         SEC.  9.     Whenever   at    any   time   the   stallion   registration 

authorized,  board*  has  reason  to  believe,  or  complaint  is  made,  that  any 
stallion  or  jack  has  been  provided  with  a  license  certificate 
under  false  or  erroneous  representation,  said  stallion  registra- 
tion board  is  hereby  authorized  and  empowered  to  cause  an 
investigation  to  be  made,  and  if  in  the  conduct  of  such  investi- 
gation it  is  deemed  necessary  by  said  board  to  examine  said 
stallion  or  jack,  the  owner  of  said  animal  shall  have  the  right 
to  select  a  veterinarian,  legally  qualified  to  practice  as  such  in 
this  state,  to  act  with  a  veterinarian  of  said  stallion  registra- 
tion board  in  examining  said  animal,  and  in  case  these  two 
shall  fail  to  agree  on  a  verdict  or  decision  they  shall  appoint 
a  third  qualified  veterinarian,  with  the  consent  and  approval 
of  said  board  and  owner,  which  third  veterinarian  shall  act 
as  a  referee  therein  and  the  decision  of  said  referee  shall  be 
final.  If,  as  a  result  of  such  investigation  or  examination,  or 
both,  it  shall  have  been  found  that  such  stallion  or  jack  is  not 
legally  entitled  to  the  license  certificate  as  provided  for  in  this 
act,  then  said  stallion  registration  board  shall  revoke  the  license 
in  force,  or  provide  the  owner  of  said  animal  with  a  proper 
form  of  license  certificate;  provided,  that  the  owner  of  any 
stallion  or  jack  used  for  public  service  in  this  state  shall  have 
a  lien  on  all  colts  sired  by  said  stallion  or  jack  for  the  service 
fee  for  a  period  of  one  year  from  the  date  of  the  foaling  of  said 
colt,  as  now  provided  by  law.  (As  amended,  Stats.  1915, 
p.  1499.) 

Penalty.  SEC.  10.  Every  association,  person,  firm  or  corporation 

violating  any  of  the  provisions  of  this  act,  shall  be  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  a  fine  not  exceeding 
one  hundred  dollars  ($100)  for  each  offense;  or  by  imprison- 

*See  note,  page  77  hereof. 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  83 

ment  in  the  county  jail  not  exceeding  fifty  days,  or  by  both 
such  fine  and  imprisonment. 

SEC.  11.     The  funds  accruing  from  the  above  named  f ees  Use  °.f  fu"ds 

i      n   !  -i  n-  7-  T*   A  accruing  from 

shall  be  used  by  the  said  stallion  registration  board*  to  defray  fees. 
the  expenses  of  enrollment  of  pedigrees  and  issuance  of  licenses ; 
to  provide  for  the  examination  of  stallions  and  jacks  when 
necessary;  to  publish  reports  or  bulletins  containing  lists  of 
stallions  and  jacks  examined,  which  shall  be  not  less  than  one  in 
each  year;  to  encourage  the  horse  breeding  interests  in  this 
state ;  to  disseminate  information  pertaining  to  horse  breeding, 
and  for  any  other  purposes  as  may  be  necessary  to  carry  out 
the  purposes  and  enforce  the  provisions  of  this  act.  Each 
member  of  the  above  committee  shall  receive  his  actual  expenses 
incurred  while  in  the  performance  of  any  duty  imposed  under 
the  provisions  of  this  act;  the  secretary  of  said  board  shall 
receive  for  his  services  an  amount  to  be  fixed  and  agreed  upon 
by  said  board.  It  shall  be  the  duty  of  the  said  stallion  registra- 
tion board  to  enforce  the  provisions  of  this  act,  and  to  make  Enforcement. 
an  annual  report,  including  financial  statement,  to  the  gover- 
nor of  the  state  on  September  15th  of  each  year. 

SEC.  11-J.  The  secretary  of  the  stallion  registration  board,*  Monthly 
at  least  as  often  as  once  each  month,  and  of tener  if  required 
so  to  do,  shall  report  to  the  state  controller  the  total  amount 
of  fees  collected,  and  at  the  same  time  he  shall  pay  into  the 
state  treasury  the  entire  amount  of  such  receipts.  All  such 
receipts  shall  be  credited  to  the  stallion  registration  board  con- 
tingent fund,  which  fund  is  hereby  created,  and  shall  be  held 
subject  to  the  uses  of  the  board  as  defined  in  this  act.  (Added, 
Stats.  1915,  p.  1500.) 

SEC.  12.     This  act  shall  take  effect  and  be  in  force  August  1, 
1911. 

LIEN  FOR  SERVICE  OF  STALLION,  ETC. 

Civil  Code. 

§3062.  Every  owner  or  person  having  in  charge  any  stal- 
lion,  jack,  or  bull,  used  for  propagating  purposes,  has  a  lien  for  charge  of 
the  agreed  price  of  its  service  upon  any  mare  or  cow  and  upon  stalllon' etc- 
the  offspring  of  such  service,  unless  some  willfully  false  repre- 
sentation concerning  the  breeding  or  pedigree  of  such  stallion, 
jack  or  bull  has  been  made  or  published  by  the  owner  or  person 
in  charge  thereof,  or  by  some  other  person,  at  the  request  or 
instigation  of  such  owner  or  person  in  charge.  (Added,  Stats. 
1905,  p.  618.) 

§3063.     Every  claimant  of  a  lien  provided  for  in  the  preced-  Filing  of 
ing  section  must,  within  ninety  days  after  the  service  on  account  vc£jmd 
of  which  the  lien  is  claimed,  file  in  the  office  of  the  county 
recorder  of  the  county  where  the  mare  or  cow  subject  thereto  is 
kept,  a  verified  claim  containing  a  particular  description  of 
the  mare  or  cow,  the  date  and  place  of  service,  the  name  of  the 
owner  or  reputed  owner  of  such  mare  or  cow,  a  description  by 

*See  note,  page  77  hereof. 


84 


STATE   DEPARTMENT  OF   AGRICULTURE. 


Action  to 
enforce  lien. 


Animals 
kept  for 
propagation 
to  be 
licensed. 


name,  or  otherwise,  of  the  stallion,  jack,  or  bull  performing  the 
service,  the  name  of  the  owner  or  person  in  charge  thereof,  and 
the  amount  of  the  lien  claimed.  Such  claim,  so  filed,  is  notice 
to  subsequent  purchasers  and  incumbrancers  of  such  mare  or 
cow  and  of  the  offspring  of  such  service  for  one  year  after  such 
filing.  (Added,  Stats.  1905,  p.  618.) 

§3064.  An  action  to  enforce  any  lien  created  under  section 
thirty  hundred  and  sixty-two  may  be  brought  in  any  county 
wherein  any  of  the  property  subject  thereto  may  be  found,  and 
the  plaintiff  is  entitled  to  the  remedies  provided  in  sections 
thirty  hundred  and  forty-four  and  thirty  hundred  and  sixty- 
five  upon  complying  with  such  sections,  both  of  which  are 
hereby  made  applicable  to  the  proceedings  in  such  action. 
(Added,  Stats.  1905,  p.  619.) 

LICENSING  ANIMALS  USED  FOR  PROPAGATION. 
Political  Code. 

§3385.  Every  person  who  keeps  a  stallion,  jack,  or  bull,  and 
who  permits  the  same  to  be  used  for  the  purpose  of  propagation 
for  hire,  must  annually  obtain  a  license  therefor  from  the  tax 
collector,  and  pay  therefor  as  follows : 

1.  Horses  that  are  hired  for  the  purpose  of  propagation,  by 
the  season,  at  one  hundred  dollars  or  more,  constitute  the  first 
class,  and  require  a  license  of  seventy-five  dollars. 

2.  At  seventy-five  dollars  and  less  than  one  hundred  dollars, 
constitute  the  second  class,  and  require  a  license  of  sixty  dollars. 

3.  At  fifty  dollars  and  less  than  seventy-five  dollars,  consti- 
tute the  third  class,  and  require  a  license  of  forty  dollars. 

4.  At  thirty  dollars  and  less  than  fifty  dollars,  constitute  the 
fourth  class,  and  require  a  license  of  twenty-five  dollars. 

5.  At  fifteen  dollars  and  less  than  thirty  dollars,  constitute 
the  fifth  class,  and  require  a  license  of  fifteen  dollars. 

6.  All  at  less  than  fifteen  dollars,  constitute  the  sixth  class, 
and  require  a  license  of  ten  dollars. 

7.  For  each  jack,  ten  dollars. 

8.  For  each  bull,  ten  dollars. 

A  license  so  obtained  from  the  tax  collector,  under  the  pro- 
visions of  this  act,  shall  entitled  the  holder  thereof  [to]  the 
right  to  go  into  any  county  of  -this  state  for  the  purposes  of 
propagation,  without  further  license  or  expense.  (Amendment 
approved  1876;  Code  Amdts.  1875-76,  p.  56.) 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  85 

CRUELTY   TO   ANIMALS. 


GENERAL  PROVISIONS. 
Penal  Code. 

§369&.  Any  officer,  agent  or  conductor  of  any  company  or  ce°f 
person  operating  any  railroad  in  this  state,  who  in  carrying 
and  transporting  cattle,  sheep,  or  swine  in  carload  lots,  confines  tion- 
the  same  in  cars  for  a  longer  period  than  thirty-six  consecutive 
hours,  without  unloading  for  rest,  water  and  feeding,  for  a 
period  of  at  least  ten  consecutive  hours,  is  guilty  of  a  misde- 
meanor. In  estimating  such  time  of  confinement,  the  period 
during  which  the  animals  have  been  confined  without  such  rest 
on  connecting  roads  from  which  they  are  received,  must  be  com- 
puted. In  case  the  owner  or  person  in  charge  of  such  animals 
refuses  or  neglects  to  pay  for  the  care  and  feed  of  animals  so 
rested,  the  company  or  person  operating  such  railroad  may 
charge  the  expense  thereof  to  the  owner  or  consignee  and  retain 
a  lien  upon  the  animals  therefor  until  the  same  is  paid.  (As 
amended,  Stats.  1905,  p.  672.) 

§369e.     Any  person  who  leads,  drives,  or  conducts  any  beast  Animals 
along  the  track  of  a  railroad,  except  where  the  railroad  is  built  along"8 
within  the  limits  of  a  public  highway,  or  who  places,  or  having  ™£k°gad 
the  right  to  prevent  it,  suffers  any  animal  to  be  placed  within 
the  fences  thereof  for  grazing  or  other  purposes,  is  guilty  of  a 
misdemeanor.     (As  amended,  Stats.  1905,  p.  767.) 

§384c.     Every   person   who  wilfully  or  negligently,   while  Animals 
hunting  upon  the  inclosed  lands  of  another,  kills,  maims,  or  pe^'0endsby 
wounds  an  animal,  the  property  of  another,  is  guilty  of  a  mis-  hunting, 
demeanor.     (As  amended,  Stats.  1907,  p.  566.) 

§597.  Every  person  who  maliciously  kills,  maims,  or  wounds  cruelty  to 
an  animal,  the  property  of  another,  or  who  overdrives,  over-  ammals> 
loads,  drives  when  overloaded,  overworks,  tortures,  torments, 
deprives  of  necessary  sustenance,  drink  or  shelter,  cruelly 
beats,  mutilates,  or  cruelly  kills  any  animal,  or  causes  or  pro- 
cures any  animal  to  be  so  overdriven,  overloaded,  driven  when 
overloaded,  overworked,  tortured,  tormented,  deprived  of 
necessary  sustenance,  drink  or  shelter,  or  to  be  cruelly  beaten, 
mutilated  or  cruelly  killed;  and  whoever,  having  the  charge  or 
custody  of  any  animal,  either  as  owner  or  otherwise,  subjects 
any  animal  to  needless  suffering,  or  inflicts  unnecessary  cruelty 
upon  the  same,  or  in  any  manner  abuses  any  animal,  or  fails  to 
provide  the  same  with  proper  food,  drink,  shelter  or  protection 
from  the  weather,  or  who  drives,  rides  or  otherwise  uses  the 
same  when  unfit  for  labor,  is  for  every  such  offense,  guilty  of  a 
misdemeanor.  (As  amended,  Stats.  1909,  p.  999.) 

§597a.     Whoever  carries  or  causes  to  be  carried  in  or  upon  unnecessary 
any  vehicle  or  otherwise  any  domestic  animal  in  a  cruel  or  sufe,Jinf or 
inhuman   manner,   or   knowingly   and   wilfully   authorizes   or  animals. 
permits  it  to  be  subjected  to  unnecessary  torture,  suffering,  or 
cruelty  of  any  kind,  is  guilty  of  a  misdemeanor ;  and  whenever 


86 


STATE   DEPARTMENT   OP   AGRICULTURE. 


Causing 
animals 
to  fight. 


any  such  person  is  taken  into  custody  therefor  by  any  officer, 
such  officer  must  take  charge  of  such  vehicle  and  its  contents, 
together  with  the  horse  or  team  attached  to  such  vehicle,  and 
deposit  the  same  in  some  place  of  custody;  and  any  necessary 
expense  incurred  for  taking  care  of  and  keeping  the  same,  is 
a  lien  thereon,  to  be  paid  before  the  same  can  be  lawfully 
recovered;  and  if  such  expense,  or  any  part  thereof,  remains 
unpaid,  it  may  be  recovered,  by  the  person  incurring  the  same, 
of  the  owner  of  such  domestic  animal,  in  an  action  therefor. 
(Added,  Stats.  1905,  p.  679.) 

Docking  tans  §597a.  It  shall  be  unlawful  for  any  person  or  persons  to 
dock  the  tail  of  any  horse,  within  the  State  of  California,  or 
to  procure  the  same  to  be  done,  or  to  import  or  bring  into  this 
state,  any  docked  horse,  or  horses,  or  to  drive,  work,  use,  race 
or  deal  in  any  unregistered  docked  horses,  or  horses  within  the 
State  of  California  except  as  provided  in  section  five  hundred 
ninety-seven  d  of  this  code.  (Added,  Stats.  .1907,  p.  269.) 

§597Z>.  Any  person  who,  for  amusement  or  gain,  causes  any 
bull,  bear,  cock,  dog,  or  other  animal  to  fight  with  like  kind 
or  different  kind  of  animal  or  creature,  or  with  any  human 
being;  or  who,  for  amusement  or  gain,  worries  or  injures  any 
such  bull,  bear,  cock,  dog  or  other  animal,  or  causes  any  such 
bull,  bear,  cock,  dog  or  other  animal  to  worry  or  injure  each 
other ;  and  any  person  who  permits  the  same  to  be  done  on  any 
premises  under  his  charge  or  control ;  and  any  person  who  aids, 
abets,  or  is  present  at  such  fighting  or  worrying  of  such  animal 
or  creature,  as  a  spectator,  is  guilty  of  a  misdemeanor.  (As 
amended,  Stats.  1907,  p.  845.) 

§5975.  Within  thirty  days  after  the  passage  of  this  act, 
every  owner,  or  user  of  any  docked  horse,  within  the  State  of 
California,  shall  register  his  or  her  docked  horse,  or  horses 
by  filing  in  the  office  of  the  county  clerk  of  the  county  in 
which  such  decked  horse,  or  horses,  -may  then  be  kept,  a 
certificate,  which  certificate  shall  contain  the  name,  or  names 
of  the  owner,  together  with  his  or  her  post-office  address,  a  full 
description  of  the  color,  age,  size  and  the  use  made  of  such 
docked  horse,  or  horses;  which  certificate  shall  be  signed  by 
the  owner,  or  his,  or  her  agent.  The  county  clerk  shall  number 
such  certificate  consecutively  and  record  the  name  in  a  book, 
or  register  to  be  kept  for  that  purpose  only ;  and  shall  receive  as 
a  fee  for  recording  of  such  certificate,  the  sum  of  fifty  cents,  and 
the  clerk  shall  thereupon  issue  to  such  person  so  registering 
such  horse  or  horses  a  certificate  containing  the  facts  recited  in 
this  section  which  upon  demand  shall  be  exhibited  to  any 
peace  officer,  and  the  same  shall  be  conclusive  evidence  of  a 
compliance  with  the  provisions  of  section  five  hundred  ninety- 
seven  a  of  this  code.  (Added,  Stats.  1907,  p.  269.) 

§597c.  The  driving,  working,  keeping,  racing  or  using  of  any 
unregistered  docked  horse,  or  horses,  after  sixty  days  after  the 
passage  of  this  act,  shall  be  deemed  prima  facie  evidence  of 
the  fact  that  the  party  driving,  working,  keeping,  racing  or 


Registration 
of  docked 
horses. 


Evidence  of 

docking 

horses. 


LAWS    RELATING    TO    ANIMAL   INDUSTRY.  87 

using  such  unregistered  docked  horse,  or  horses,  docked  the 
tail  of  such  horse  or  horses.     (Added,  Stats.  1907,  p.  270.) 

§597c.     Whoever  owns,  possesses,  keeps,  or  trains  any  bird  ^£1? 
or  animal,  with  the  intent  that  such  bird  or  animal  shall  be  to  fight. 
engaged  in  an  exhibition  of  fighting,  or  is  present  at  any  place, 
building,  or  tenement,  where  preparations  are  being  made  for 
an  exhibition  of  the  fighting  of  birds  or  animals,  with  the 
intent  to  be  present  at  such  exhibition,  or  is  present  at  such 
exhibition,  is  guilty  of  a  misdemeanor.     (Added,  Stats.  1905, 
p.  680.) 

§597<i.     Any  sheriff,  constable,  police,  or  peace  officer,  or  Authority  to 
officer  qualified  as  provided  in  section  six  hundred  and  seven  f  premises. 
of  the  Civil  Code,  may  enter  any  place,  building,  or  tenement, 
where  there  is  an  exhibition  of  the  fighting  of  birds  or  animals, 
or  where  preparations  are  being  made  for  such  an  exhibition, 
and,    without   a   warrant,    arrest   all   persons  there   present. 
(Added,  Stats.  1905,  p.  680.) 

§597d  Any  person  or  persons  violating  any  of  the  pro- 
visions  of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor; 
provided,  however,  that  the  provisions  of  sections  five  hundred 
ninety-seven  a,  five  hundred  ninety-seven  6,  and  five  hundred 
ninety-seven  c,  shall  not  be  applied  to  persons  owning  or  pos- 
sessing any  docked  pure-bred  stallions  and  mares  imported 
from  foreign  countries  for  breeding  or  exhibition  purposes 
only,  as  provided  by  an  act  of  congress  entitled  "An  act 
regulating  the  importation  of  breeding  animals"  and  approved 
March  3,  1903,  and  to  docked  native  bred  stallions  and  mares 
brought  into  this  state  and  used  for  breeding  or  exhibition 
purposes  only;  and  provided  further,  that  a  description  of 
each  such  animal  so  brought  into  the  state,  together  with  the 
date  of  importation  and  name  and  address  of  importer,  be  filed 
with  the  county  clerk  of  the  county  where  such  animal  is  kept, 
within  thirty  days  after  the  importation  of  such  animal. 
(Added,  Stats.  1907,  p.  270.) 

§597e.  Any  person  who  impounds,  or  causes  to  be  Treatmnt,  or 
impounded  in  any  pound,  any  domestic  animal,  must  supply 
the  same  during  such  confinement  with  a  sufficient  quantity 
of  good  and  wholesome  food  and  water,  and  in  default  thereof, 
is  guilty  of  a  misdemeanor.  In  case  any  domestic  animal  is  at 
any  time  impounded,  as  aforesaid,  and  continues  to  be  without 
necessary  food  and  water  for  more  than  twelve  consecutive 
hours,  it  is  lawful  for  any  person,  from  time  to  time,  as  may 
be  deemed  necessary,  to  enter  into  and  upon  any  pound  in 
which  any  such  domestic  animal  is  confined,  and  supply  it  with 
necessary  food  and  water  so  long  as  it  remains  so  confined. 
Such  person  is  not  liable  to  any  action  for  such  entry,  and  the 
reasonable  cost  of  such  food  and  water  may  be  collected  by 
him  of  the  owner  of  such  animal,  and  such  animal  is  not  exempt 
from  levy  and  sale  upon  execution  issued  upon  a  judgment 
therefor.  (Added,  Stats.  1905,  p.  680.) 


88  STATE   DEPARTMENT  OF    AGRICULTURE. 

Permitting  §597/.  Every  owner,  driver,  or  possessor  of  any  animal,  who 
^without  shall  permit  the  same  to  be  in  any  building,  inclosure,  lane, 
care-  street,  square,  or  lot,  of  any  city,  city  and  county,  or  township, 

without  proper  care  and  attention,  shall,  on  conviction,  be 
deemed  guilty  of  a  misdemeanor.  And  it  shall  be  the  duty  of 
any  peace  officer,  or  officer  of  the  humane  society,  to  take  pos- 
session of  the  animal  so  abandoned  or  neglected  and  care  for 
the  same  until  it  is  redeemed  by  the  owner  or  claimant,  and 
the  cost  of  caring  for  such  animal  shall  be  a  lien  on  the  same 
until  the  charges  are  paid.  Every  sick,  disabled,  infirm,  or 
crippled  animal  which  shall  be  abandoned  in  any  city,  city 
and  county,  or  township,  may,  if  after  due  search  no  owner 
can  be  found  therefor,  be  killed  by  such  officer;  and  it  shall 
be  the  duty  of  all  peace  officers,  or  an  officer  of  said  society, 
to  cause  the  same  to  be  killed  on  information  of  such  abandon- 
ment. Such  officer  may  likewise  take  charge  of  any  animal 
that  by  reason  of  lameness,  sickness,  feebleness,  or  neglect,  is 
unfit  for  the  labor  it  is  performing,  or  that  in  any  other  man- 
ner is  being  cruelly  treated ;  and,  if  such  animal  is  not  then  in 
the  custody  of  its  owner,  such  officer  shall  give  notice  thereof 
to  such  owner,  if  known,  and  may  provide  suitable  care  for 
such  animal  until  it  is  deemed  to  be  in  a  suitable  condition  to 
be  delivered  to  such  owner,  and  any  necessary  expenses  which 
may  be  incurred  for  taking  care  of  and  keeping  the  same  shall 
be  a  lien  thereon,  to  be  paid  before  the  same  can  be  lawfully 
recovered.  (Added,  Stats.- 1905,  p.  680.) 

stSns°fetc  §5970 •  Every  person  who  lets  to  mares  or  jennies  any 
c  stallion  or  jack  within  the  limits  of  any  city,  town,  or  village, 
or  within  four  hundred  yards  thereof,  except  in  an  inclosure 
sufficient  to  obstruct  the  view  of  all  the  inhabitants  within 
such  limits,  and  every  person  in  charge  of  any  stallion,  bull, 
boar,  ram,  or  buck  goat  who  turns  out  or  permits  such  animal 
to  be  turned  out  or  run  at  large  in  any  county,  is  guilty  of  a 
misdemeanor  and  punishable  by  a  fine -of  not  less  than  five  or 
more  than  twenty  dollars,  or  by  imprisonment  in  the  county 
jail  not  less  than  thirty  days  or  by  both  such  fine  and  impris- 
onment. (Added,  Stats.  1905,  p.  678.) 

Prosecutions.  §599^.  When  complaint  is  made,  on  oath,  to  any  magis- 
trate authorized  to  issue  warrants  in  criminal  cases,  that 
the  complainant  believes  that  any  provision  of  law  relating 
to,  or  in  any  way  affecting,  dumb  animals  or  birds,  is  being, 
or  is  about  to  be  violated  in  any  particular  building  or  place, 
such  magistrate  must  issue  and  deliver  immediately  a  warrant 
directed  to  any  sheriff,  constable,  police  or  peace  officer,  or 
officer  of  any  incorporated  association  qualified  as  provided  by 
law,  authorizing  him  to  enter  and  search  such  building  or 
place,  and  to  arrest  any  person  there  present  violating,  or 
attempting  to  violate,  any  law  relating  to,  or  in  any  way  affect- 
ing, dumb  animals  or  birds,  and  to  bring  such  person  before 
some  court  or  magistrate  of  competent  jurisdiction,  within  the 
city,  city  and  county,  or  township  within  which  such  offense  has 
been  committed  or  attempted,  to  be  dealt  with  according  to 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  89 

law,  and  such  attempt  must  be  held  to  be  a  violation  of  section 
five  hundred  and  ninety-seven.     (Added,  Stats.  1905,  p.  681.) 

§599&.  In  this  title  the  word  "animal"  includes  every  dumb  words 
creature;  the  words  "torment,"  "torture,"  and  "cruelty" 
include  every  act,  omission,  or  neglect  whereby  unnecessary 
or  unjustifiable  physical  pain  or  suffering  is  caused  or  per- 
mitted; and  the  words  "owner"  and  "person"  include  cor- 
porations as  well  as  individuals;  and  the  knowledge  and  acts 
of  any  agent  of,  or  person  employed  by,  a  corporation  in  regard 
to  animals  transported,  owned,  or  employed  by,  or  in  the 
custody  of,  such  corporation,  must  be  held  to  be  the  act  and 
knowledge  of  such  corporation  as  well  as  such  agent  or 
employee.  (Added,  Stats.  1905,  p.  681.) 

§599c.  No  part  of  this  title  shall  be  construed  as  interfer-  Not  to  inter. 
ing  with  any  of  the  laws  of  this  state  known  as  the  "game 
laws, ' '  or  any  laws  for  or  against  the  destruction  of  certain 
birds,  nor  must  this  title  be  construed  as  interfering  with  the 
right  to  destroy  any  venomous  reptile,  or  any  animal  known 
as  dangerous  to  life,  limb,  or  property,  or  to  interfere  with 
the  right  to  kill  all  animals  used  for  food,  or  with  properly 
conducted  scientific  experiments  or  investigations  performed 
under  the  authority  of  the  faculty  of  a  regularly  incorporated 
medical  college  or  university  of  this  state.  (Added,  Stats. 
1905,  p.  681.) 

§599d     Whoever  shall  cut  the  solid  part  of  the  tail  of  any  Docking 
horse  in  the  operation  known  as  ' '  docking, "  or  in  any  other  horses' tails- 
operation  performed  for  the  purpose  of  shortening  the  tail,  and 
whoever  shall  cause  the  same  to  be  done,  or  assist  in  doing 
such  cutting,  is  guilty  of  a  misdemeanor.     (Added,  Stats.  1905, 
p.  681.) 

§599e.  Every  animal  which  is  unfit,  by  reason  of  its  phys-  Animals  to  be 
ical  condition,  for  the  purpose  for  which  such  animals  are  kmed  when 
usually  employed,  and  when  there  is  no  reasonable  probability  wo?k.f°r 
of  such  animal  ever  becoming  fit  for  the  purpose  for  which  it 
is  usually  employed,  shall  be  by  the  owner  or  lawful  possessor 
of  the  same,  deprived  of  life  within  twelve  hours  after  being 
notified  by  any  peace  officer,  or  officer  of  said  society,  to  kill 
the  same,  and  such  owner,  possessor,  or  person  omitting  or 
refusing  to  comply  with  the  provisions  of  this  section  shall, 
upon  conviction,  be  deemed  guilty  of  a  misdemeanor,  and 
after  such  conviction  the  court  or  magistrate  having  jurisdic- 
tion of  such  offense  shall  order  any  peace  officer,  or  officer  of 
said  society,  to  immediately  kill  such  animal;  provided,  that 
this  shall  not  apply  to  such  owner  keeping  any  old  or  diseased 
animal  belonging  to  him  on  his  own  premises  with  proper  care. 
(Added,  Stats.  1905,  p.  681.) 

Civil  Code. 

§1887.  One  who  borrows  a  living  animal  for  use,  must  treat 
it  with  great  kindness,  and  provide  everything  necessary  and 
suitable  for  it. 


90 


STATE   DEPARTMENT   OP   AGRICULTURE. 


Unlawful  to 
use  bristle 
bur,  etc. 


Penalty. 


Repeal. 


Injuries  to 
animals. 


Extent  of 
liability. 


USE  OF  BRISTLE  BUR,  ETC. 

An  act  to  prohibit  the  use  of  the  bristle  bur,  tack  bur,  or  other 
like  devices  on  horses  or  other  animals  in  this  state. 

(Approved  March   13,    1903;    Statutes  1903,  p.    139.) 

SECTION  1.  It  shall  be  unlawful  hereafter  in  this  state  for 
any  one,  owner,  driver  or  other  person,  having  the  care,  custody 
or  control  of  any  horse  or  other  animal,  to  use  what  is  known 
as  the  bristle  bur,  tack  bur,  or  other  like  device,  by  whatsoever 
name  known  or  designated,  on  any  said  horse  or  other  animal 
for  any  purpose  whatsoever. 

SEC.  2.  A  violation  of  the  provisions  of  this  act  shall  be 
deemed  a  misdemeanor  and  any  one  found  guilty  thereof  shall 
be  punished  by  a  fine  of  not  less  than  twenty-five  dollars  nor 
more  than  two  hundred  and  fifty  dollars,  or  by  imprisonment 
in  the  county  jail  not  less  than  ten  nor  more  than  one  hundred 
and  seventy-five  days,  or  may  be  punished  by  both  such  fine 
and  imprisonment. 

SEC.  3.  All  acts  and  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

SEC.  4.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 

LIABILITY    FOR    INJURIES    TO    ANIMALS. 
Civil  Code. 

§3340.  For  wrongful  injuries  to  animals  being  subjects  of 
property,  committed  wilfully  or  by  gross  negligence,  in  disre- 
gard of  humanity,  exemplary  damages  may  be  given. 

§3341.  The  owner,  possessor,  or  harborer  of  any  dog 
or  other  animal,  that  shall  kill,  worry,  or  wound  any  sheep, 
angora  goat,  or  cashmere  goat,  or  poultry,  shall  be  liable  to 
the  owner  of  the  same  for  the  damages  and  costs  of  suit,  to  be 
recovered  in  any  court  of  competent  jurisdiction : 

1.  In  the  prosecution  of  actions  under  the  provisions  of  this 
chapter,  it  shall  not  be  necessary  for  the  plaintiff  to  show  that 
the  owner,  possessor,  or  harborer  of  such  dog  or  other  animal, 
had  knowledge  of  the  fact  that  such  dog  or  other  animal  would 
kill,  wound  or  worry  sheep,  goats,  or  poultry. 

2.  Any  person  on  finding  any  dog  or  dogs,  or  other  animal, 
not  on  the  premises  of  the  owner  or  possessor  of  such  dog  or 
dogs,   or   other   animal,   worrying,   wounding,   or  killing  any 
sheep,  angora  or  cashmere  goats,  may,  at  the  time  of  finding 
such  dog  or  dogs,  or  other  animal,  kill  the  same,  and  the  owner 
or  owners  thereof  shall  sustain  no  action  for  damages  against 
any  person  so  killing  such  dog  or  dogs,  or  other  animal.     (As 
amended,  Stats.  1903,  p.  54.) 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  91 

SOCIETIES  FOR  THE  PREVENTION  OF  CRUELTY 
TO    ANIMALS. 

Civil  Code. 

§607.     Corporations  may  be  formed  by  any  number  of  per-  Formation 
sons  not  less  than  five,  a  majority  of  whom  must  be  citizens  and  tion?P°r 
residents  of  this  state,  under  the  general  provisions  of  this  code, 
for  the  purpose  of  the  prevention  of  cruelty  to  children  or 
animals,  or  both.     (Added,  Stats.  1905,  p.  590.) 

§6070.     Every  such  corporation  may  take  and  hold,  by  gift,  Powers, 
purchase,  devise,  or  bequest,  any  property,  real  or  personal,  and 
dispose  of  the  same  at  its  pleasure;  but  it  must  not  hold  real 
property  the  annual  income  of  which  exceeds  fifty  thousand 
dollars.     (Added,  Stats.  1905,  p.  590.) 

§607&.     Any  such  corporation,   or  any  member  or  officer  complaints 
thereof,  may  prefer  a  complaint  against  any  person  or  persons,  Slating 
before  any  court  or  magistrate  having  jurisdiction,  for  the law- 
violation  of  any  law  relating  to  or  affecting  children  or  animals, 
and  may  aid  in  the  prosecution  of  any  such  offender  before  such 
court  or  magistrate  in  any  proceeding  taken.     (Added,  Stats. 
1905,  p.  590.) 

§607c.     All  magistrates,  constables,  sheriffs,  and  officers  of  Aid  by 
police  must,  as  occasion  may  require,  aid  any  such  corporation,  Sc8ist' 
its  officers,  members,  and  agents,  in  the  enforcement  of  all  laws 
which  are  now  or  may  be  hereafter  enacted  relating  to  or  affect- 
ing children  or  animals.     (Added,  Stats.  1905,  p.  590.) 

§607d  The  provisions  of  this  title  extend  to  all  corporations  Pre.existing 
heretofore  formed  and  existing  for  the  prevention  of  cruelty  to  corporations, 
children  or  animals,  but  do  not  extend  or  apply  to  any  associa- 
tion, society,  or  corporation  which  uses  or  specifies  a  name  or 
style   the  same,   or  substantially  the   same,   as   that  of   any 
previously  existing  society  or  corporation  in  this  state  organized 
for  a  like  purpose.     (Added,  Stats.  1905,  p.  590.) 

§607e.  Every  society,  incorporated  and  organized  for  the  ompensa- 
prevention  of  cruelty  to  animals,  or  for  the  prevention  of 
cruelty  to  children,  may,  in  each  city,  or  city  and  county, 
or  county,  where  such  society  exists,  while  actively  engaged 
in  enforcing  the  provisions  of  the  laws  of  this  state,  now  or 
hereafter  enacted,  for  the  prevention  of  cruelty  to  animals  or 
children,  or  arresting,  or  prosecuting  offenders  thereunder 
or  preventing  cruelty  to  animals  or  children,  be  paid  as  com- 
pensation therefor,  from  the  city  or  county,  or  city  and 
county  general  fund,  by  the  board  of  supervisors  or  other 
governing  body  thereof,  a  sum  not  exceeding  five  hundred 
dollars  per  calendar  month,  in  the  same  manner  as  other 
claims  against  said  city  or  county,  or  city  and  county,  are  paid. 
(As  amended,  Stats.  1913,  p.  638.) 

§607/.     Any  such  corporation  incorporated  for  the  purpose  Humane 
of  the  prevention  of  cruelty  to  animals  may  by  resolution  of  its  officers- 
board  of  directors  or  trustees  duly  entered  on  its  minutes 
appoint  any  number  of  its  members,  who  shall  be  citizens  of  the 
State   of   California  as  humane   officers.     Bach  appointment 
shall  be  by  separate  resolution.     Such  resolution  shall  state 


92  STATE   DEPARTMENT   OF   AGRICULTURE. 

the  full  name  and  place  of  residence  and  the  business  or  occu- 
pation of  the  person  so  appointed  and  the  fact  that  he  is  a 
citizen  of  the  State  of  California  and  shall  also  designate  the 
number  of  the  badge  to  be  allotted  to  such  officer.  Every 
person  so  appointed  must  within  ten  days  after  his  appoint- 
ment present  to  the  judge  of  the  superior  court  in  and  for  the 
county  or  city  and  county  in  which  the  corporation  appointing 
such  officer  has  its  principal  place  of  business  a  copy  of  such 
resolution  duly  certified  to  be  correct  by  the  president  and 
secretary  of  such  corporation  and  attested  by  its  seal.  The 
judge  shall  examine  such  appointee  as  to  his  qualifications 
and  fitness  to  act  as  such  officer  and,  if  he  approves  such 
appointment,  shall  indorse  his  approval  on  said  certified 
copy  of  said  resolution.  Said  appointee  shall  thereupon  and 
within  said  period  of  ten  days  file  said  certified  copy  with 
the  judge's  approval  indorsed  thereon  in  the  office  of  the 
county  clerk  of  said  county  or  city  and  county  and  shall  at  the. 
same  time  take  and  subscribe  the  oath  of  office  prescribed  for 
constables  or  other  peace  officers.  The  county  clerk  shall  there- 
upon immediately  enter  in  a  book  to  be  kept  in  his  office  and 
designated  "Record  of  Humane  Officers"  the  name  of  such 
officer,  the  number  of  his  badge,  the  name  of  the  corporation 
appointing  him  and  the  date  of  such  filing.  At  the  time  of 
such  filing  the  county  clerk  shall  collect  from  such  officer  a  fee 
of  fifty  cents,  which  shall  be  in  full  for  all  services  to  be  per- 
formed by  the  county  clerk  under  the  provisions  of  this  section. 
The  corporation  appointing  such  officer  may  revoke  such 
appointment  at  any  time  by  resolution  of  its  board  of  directors 
or  trustees,  a  duly  certified  copy  of  which  resolution  must 
within  five  days  after  its  adoption  be  filed  in  the  office  of  the 
county  clerk  in  which  the  appointment  of  such  officer  is 
recorded  and  upon  such  filing  the  county  clerk  shall  enter  the 
fact  of  such  revocation  and  the  date  of  the  filing  thereof  oppo- 
site the  name  of  such  officer  in  such  record  of  .humane  officers. 
Such  humane  officers  after  qualifying  as  above  provided  shall 
have  power  at  all  places  within  the  state  lawfully  to  interfere 
to  prevent  the  perpetration  of  any  act  of  cruelty  upon  any 
dumb  animal  and  may  use  such  force  as  may  be  necessary  to 
prevent  the  same  and  to  that  end  may  summon  to  their  aid  any 
bystander.  They  may  make  arrests  for  the  violation  of  any 
penal  law  of  this  state  relating  to  or  affecting  animals  in  the 
same  manner  as  a  constable  or  other  peace  officer  and  may  carry 
such  weapons  as  peace  officers  are  authorized  to  carry;  except 
that  in  cities  and  counties  and  cities  of  the  first  and  first  and 
one  half  classes  no  such  humane  officer  shall  carry  any  such 
weapon  unless  permission  in  writing  so  to  do  has  first  been 
granted  to  him  by  the  board  of  police  commissioners  of  such 
city  or  city  and  county.  Every  humane  officer  must  when 
making  such  arrests  exhibit  and  expose  a  suitable  badge  to  be 
adopted  by  the  corporation  appointing  him  which  shall  bear 
its  name  and  a  number.  Any  person  resisting  a  humane  officer 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  93 

in  the  performance  of  his  duty  as  provided  in  this  section  shall 
be  guilty  of  a  misdemeanor.  Any  person  who  has  not  been 
appointed  and  qualified  as  a  humane  officer  as  provided  in  this 
section,  or  whose  appointment  has  been  revoked  as  provided  in 
this  section,  who  shall  represent  himself  to  be  or  shall  attempt 
to  act  as  such  officer  shall  be  guilty  of  a  misdemeanor.  Any 
officer  of  such  corporation  who  shall  knowingly  or  wilfully 
sign  or  issue  any  certificate  provided  for  in  this  section,  which 
shall  be  in  any  material  respect  false  or  untrue,  shall  be  guilty 
of  a  misdemeanor.  (As  amended,  Stats.  1913,  p.  511.) 


HERDING  AND  GRAZING  OF  LIVE  STOCK. 


NONRESIDENT'S  LICENSE  FOR  HERDING  LIVE  STOCK. 

An  act  to  regulate  the  herding  and  grazing  of  the  live  stock 
of  nonresidents  and  foreign  corporations  upon  unenclosed 
land  in  the  State  of  California  and  providing  a  penalty 
for  any  violation  of  any  of  the  provisions  of  this  act. 

(Approved  May    19,    1919;    Stats.    1919,   p.    753.) 

SECTION  1.     It   shall  be  unlawful  for  any  person   or  for  Nonnresiust 
any  corporation  who  or  which  does  not  have  his  or  its  principal  have  license 


home  ranch  and  live  stock  headquarters  in  the  State  of 
California,  except  as  herein  provided,  to  herd  or  graze,  or  of  live  stock. 
to  cause  to  be  herded  or  grazed,  upon  any  unenclosed  lands 
in  the  State  of  California  any  sheep  or  bovine  cattle  without 
having  first  obtained  from  the  tax  collector  of  the  county  in 
which  such  herding  or  grazing  or  some  portion  thereof  is 
done,  a  valid  license  authorizing  such  herding  and  grazing  in 
the  State  of  California.  Such  license  shall  be  issued  by  said 
tax  collector  to  and  in  the  name  of  such  person  or  corporation 
upon  compliance  by  him  or  it  with  the  provisions  of  section 
two  of  this  act.  and  shall  be  valid  only  for  the  calendar  year 
in  which  it  is  dated  ;  provided,  that  any  person  or  any  corpo-  Exemptions. 
ration  which  does  not  have  its  principal  home  ranch  and  live 
stock  headquarters  in  the  State  of  California,  owning  or 
leasing  land  in  the  State  of  California,  shall  be  exempt  from 
any  license  or  the  payment  of  any  license  for  five  head  of 
sheep  for  each  acre  so  owned  or  leased,  and  three  head  of 
bovine  cattle  for  each  acre  so  owned  or  leased. 

SEC.  2.     As  conditions  precedent  to  the  issuance   of  said  Affidavit  of 
license,  the  applicant  therefor  shall:  SPuSose. 

1.  File  with  said  tax  collector  an  affidavit  which  shall 
explicitly  and  truly  state  the  following  facts  : 

(a)  If  the  applicant  is  a  nonresident  person,  his  name  and 
place  of  residence;  or,  if  the  applicant  is  a  corporation,  its 
name,  the  state  under  whose  laws  it  is  incorporated,  the  date 
of  its  incorporation,  its  principal  place  of  business,  and  the 
name  and  addresses  of  its  officers. 


94 


STATE   DEPARTMENT  OF   AGRICULTURE. 


Disposal  of 
license  fees. 


Penalty. 


When  act 
shall  become 
void. 


(6)  The  location  of  his  or  its  principal  home  ranch  and  live 
stock  headquarters. 

(c)  The  number  of  acres  of  land  owned  or  leased  in  the 
State  of  California,  together  with  a  description  thereof. 

2.  Pay  to  the  said  tax  collector  the  sum  of  fifty  cents  a  head 
for  each  of  the  sheep,  and  the  sum  of  two  dollars  a  head  for 
each  of  the  bovine  cattle  proposed  to  be  herded  or  grazed  in 
the  State  of  California,  after  deducting  the  number  of  sheep 
and  cattle  as  exempted  from  the  payment  of  said  tax. 

SEC.  3.  No  such  person  or  corporation  shall  herd,  graze,  or 
cause  to  be  herded  or  grazed  upon  any  unenclosed  land  in  any 
county  in  California  any  greater  number  of  live  stock  than  that 
for  which  he  or  it  has  previously  obtained  such  license,  and 
which  is  exempted  under  the  provisions  of  this  act. 

SEC.  4.  The  tax  collector  collecting  such  license  moneys 
shall  be  allowed  to  retain  for  his  own  compensation  and  in 
addition  to  his  salary  or  other  fees  now  provided  by  law  six 
per  centum  of  the  said  license  moneys  by  him  collected,  and 
shall  quarterly  pay  the  remainder  of  such  moneys  into  the 
general  county  road  fund. 

SEC.  5.  Any  person  or 'corporation  violating  any  of  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  punishable  by  a  fine  not  exceeding  five  hundred 
dollars,  and  shall  be  prohibited  from  herding,  grazing,  or 
causing  to  be  herded  or  grazed  any  live  stock  in  the  State  of 
California  until  such  fine  is  paid. 

SEC.  6.  If  any  law  passed  at  the  present  session  of  the 
legislature  in  any  of  the  states  bordering  on  California,  simi- 
lar to  this  bill  affecting  the  citizens  and  corporations  of  the 
State  of  California,  shall  be  declared  unconstitutional  and 
invalid  by  a  court  of  last  resort  in  any  of  said  states,  then  this 
act  shall  immediately  become  inoperative  and  void. 


LICENSING   OF   SHEEP    HERDING. 

An  act  restricting  the  powers  of  boards  of  supervisors  in  the 
matter  of  imposing  licenses  upon  the  business  of  raising, 
grazing,  herding  and  pasturing  sheep. 

(Approved  March  20,  1909;   Stats.  1909,  p.   608.) 

Limit  to  SECTION  1.     No  license  or  licenses  greater  than  three  cents 

bSsVof     Per  head  sna11  be  imposed  by  the  board  of  supervisors  of  any 

sheep  county  in  this  state  on  the  business  of  raising,  grazing,  herding 

or  pasturing  sheep,  and  any  and  all  licenses  imposed  by  the 

board  of  supervisors  of  any  county  on  the  business  of  raising, 

grazing,  herding  or  pasturing  sheep,  in  excess  of  three  cents 

per  head,  shall  be  and  are  hereby  declared  invalid;  provided, 

the  provisions  of  this  act  shall  not  apply  to  any  license  tax  the 

validity  of  which  is  involved  in  any  suit  now  pending  or  to 

any  such  license  tax  due  when  this  act  takes  effect. 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  95 

SEC.  2.  Any  license  tax,  imposed  by  any  board  of  super- 
visors of  any  county  in  this  state,  upon  the  business  of  raising, 
grazing,  herding  or  pasturing  sheep,  shall  not  be  so  construed 
and  applied  as  to  permit  a  license  tax  for  or  on  account  of 
lambs  under  eight  months  old. 

SEC.  3.     This  act  shall  take  effect  immediately. 


FENCE,  ESTRAY,  AND  TRESPASS  LAWS. 

NOTE. — In  the  absence  of  definite  expression  either  by 
statute  or  judicial  opinion,  the  status  and  effect  of  the  laws 
relating  to  fences,  estrays  and  trespass  of  animals  is  unsettled. 
Many  early  laws  were  passed  on  these  subjects,  applying  to 
particular  counties,  and  no  ruling  has  been  made  as  to  their 
repeal  by  subsequent  legislation. 

For  information  as  to  the  law  on  these  subjects  prevailing  in 
a  particular  county,  it  is  recommended  that  the  inquiry  be 
addressed  to  the  district  attorney  of  that  county,  who  will  be 
best  informed  as  to  the  local  legislation  which  may  be  in  effect. 


LAWFUL  FENCES. 

An  act  concerning  lawful  fences,  and  animals  trespassing  on 
premises  lawfully  inclosed* 

(Approved  March  30,   1850;   Stats.   1850,  p.   131.) 

SECTION  1.  Every  inclosure  shall  be  deemed  a  lawful  fence, 
which  is  four  and  a  half  feet  high,  if  made  of  stone ;  and  if  defined, 
made  of  rails,  five  and  a  half  feet  high;  if  made  upon  the 
embankment  of  a  ditch  three  feet  high  from  the  bottom  of  the 
ditch,  the  fence  shall  be  two  feet  high;  said  fence  to  be  sub- 
stantial and  reasonably  strong,  and  made  so  close  that  stock 
can  not  get  their  heads  through  it,  and  if  made  to  turn  small 
stock,  sufficiently  tight  to  keep  such  stock  out.  A  hedge  fence 
shall  be  considered  a  lawful  fence  if  five  feet  high  and  suffi- 
ciently close  to  turn  stock. 

SEC.  2.     If  any  horses,  mules,  jacks,  jennies,  hogs,  sheep,  Trespasses 
goats,  or  any  head  of  neat  cattle  shall  break  into  any  grounds 
inclosed  by  a  lawful  fence,  the  owner  or  manager  of  such  ani- 
mals  shall  be  liable  to  the  owner  of  said  inclosed  premises  for  fence, 
all  damages  sustained  by  such  trespass;  and  if  the  trespass  is 
repeated  by  neglect  of  the  owner  of  such  stock,  he  shall,  for 

*By  sections  9  and  10  of  the  act  of  1855  concerning  lawful  fences, 
page  99  hereof,  the  act  of  1850  was  repealed  except  as  to  counties 
enumerated  in  section  9  of  the  act  of  1855.  Special  acts  were  passed 
later  affecting  all  the  counties  listed  except  the  following :  Arnador, 
Klamath  (now  forming  Del  Norte  and  part  of  Humboldt  and  Siskiyou 
counties),  San"  Diego,  Santa  Barbara,  Siskiyou  (including  Modoc,  separated 
in  1874)  and  Trinity.  According  to  the  Code  Commissioner's  note,  the  act 
of  1850  is  apparently  still  in  effect  in  the  above  six  counties.  By  section 
10  of  the  estray  law  of  1901,  page  108  hereof,  the  act  of  1850  is  con- 
tinued in  force  in  Trinity,  Shasta,  Del  Norte,  Siskiyou,  Modoc  and  Lassen 
counties. 


96 


STATE   DEPARTMENT  OP   AGRICULTURE. 


Penalty  on 
owners  or 
occupiers  of 
lands  not 
inclosed  by 
a  lawful 
fence. 

for  injuring 
animals 
entering  on 
such  lands. 


the  second  offense,  be  subject  to  double  the  damages  sustained 
by  the  owners  of  said  premises. 

SEC.  3.  If  any  owner  or  occupier  of  any  grounds  or  crops 
injured  by  any  animal  or  animals  breaking  into  or  entering 
on  grounds  not  inclosed  by  a  lawful  fence,  shall  kill,  maim,  or 
materially  hurt  or  injure  any  animal  doing  such  injury,  he 
shall  be  liable  to  the  owner  for  all  damages,  and  also  all  costs 
that  may  accrue  in  a  suit  for  such  damages. 


Lawful 
fences. 


Wire 
fences. 


Post  and 
rail  fence. 


Picket 
fence'. 


Ditch  and 
pole  fence. 


Pole  fence. 


An  act  concerning  lawful  fences* 

(Approved  April   27,    1855;   amendments  approved  April   3,   1860;   May   18, 
1861;    Stats.    1855,   p.    154;    1860,   p.    141;    1861,   p.    513.) 

SECTION  1.  Lawful  fences  are  described  as  follows,  viz: 
First — Wire  fence  shall  be  made  of  post,  not  less  than  twelve 
inches  in  circumference,  set  in  the  ground  not  less  than  eigh- 
teen inches,  and  not  more  than  eight  feet  apart,  with  not  less 
than  three  horizontal  wires,  each  one-fourth  of  an  inch  in 
diameter — the  first  one  shall  be  eighteen  inches  from  the  ground, 
the  other  two  above  this  one,  at  intervals  of  one  foot  between 
each,  all  well  stretched  and  securely  fastened  from  one  post 
to  another,  with  one  rail,  slat,  pole  or  plank,  of  suitable  size 
and  strength,  securely  fastened  to  the  post  not  less  than  four 
and  a  half  feet  from  the  ground.  Second — Post  and  rail  fence 
shall  be  made  of  post  of  the  same  size  and  at  the  same  distance 
apart,  and  the  same  depth  in  the  ground  as  above  with  three 
rails,  slats  or  planks,  of  suitable  size  and  strength,  the  top  one 
to  be  four  feet  and  a  half  from  the  ground,  the  other  two  at 
equal  distances  between  the  first  and  the  ground,  all  securely 
fastened  to  the  post.  Third — Picket  fence  shall  be  the  same 
height  as  above,  made  of  pickets,  each  not  less  than  six  inches 
in  circumference,  not  more  than  six  inches  apart,  driven  in  the 
ground  not  less  than  ten  inches,  all  well  secured  at  the  top  by 
slats  or  caps.  Fourth — Ditch  and  pole  fence  shall  be  made  of  a 
ditch  not  less  than  four  feet  wide  on  top,  and  three  feet  deep, 
embankment  thrown  upon  the  inside  of  the  ditch,  with  sub- 
stantial posts  set  in  the  embankment  not  more  than  eight  feet 
apart,  and  a  plank,  pole,  rail  or  slat  securely  fastened  to  said 
posts,  at  least  five  feet  high  from  the  bottom  of  the  ditch. 
Fifth — Pole  fence  shall  be  four  and  a  half  feet  high,  with 
stakes  not  less  than  three  inches  in  diameter,  set  in  the  ground 
not  less  than  eighteen  inches,  and  where  the  stakes  are  placed 
seven  feet  apart,  there  shall  be  not  less  than  six  horizontal 
poles  well  secured  to  the  stakes;  if  the  stakes  are  six  feet 
apart,  five  poles;  if  three  or  four  feet,  four  poles;  if  two  feet 
apart,  three  poles,  and  the  stakes  need  not  be  less  than  two 

*"The  acts  of  April  27,  1855,  and  April  3,  1860,  concerning  lawful 
fences,  are  continued  in  force  under  section  19  of  the  Political  Code,  and 
consequently  the  counties  to  which  they  apply  are  not  subject  to  the  pro- 
visions of  section  841  of  the  Civil  Code."  Meade  vs.  Watson,  67  Cal.  591  ; 
see,  also,  Gonzales  vs.  Wasson,  51  Cal.  295. 


LAWS   RELATING   TO   ANIMAL  INDUSTRY.  97 

inches  in  diameter ;  if  one  foot  apart,  one  pole,  and  stakes  need 
not  be  more  than  two  inches  in  diameter.  The  above  is  a  law- 
ful fence  so  long  as  the  stakes  and  poles  are  securely  fastened 
and  -in  a  fair  state  of  preservation.  Hedge  fence  shall  be  con- 
sidered lawful  when,  by  reliable  evidence  it  shall  be  proved 
equal  in  strength,  and  as  well  suited  to  the  protection  of 
enclosed  lands  as  any  one  of  the  fences  described  in  other 
subdivisions  of  this  section.  Sixth — Brush  fence  shall  be  four 
and  a  half  feet  high,  and  at  least  twelve  inches  wide,  with 
stakes  not  less  than  two  inches  in  diameter,  set  in  the  ground 
not  less  than  eighteen  inches,  one  on  each  side,  every  third 
foot  tied  together  at  the  top,  with  one  horizontal  pole  tied  to 
the  outside  stake  five  feet  from  the  ground. 

SEC.  2.  Any  fence  which,  by  reliable  evidence,  shall  be  other  fences 
declared  as  strong,  substantial,  and  as  well  suited  to  the  pro- 
tection  of  inclosures  as  either  of  the  above  described,  shall  be 
a  lawful  fence  in  all  the  counties  of  this  state,  except  Sonoma, 
Napa,  El  Dorado,  Yuba,  and  Marin.  (As  amended,  Stats.  1861, 
p.  513.) 

SEC.  3.     In  each  of  the  counties  named  in  the  preceding  Lawful  fences 
section  of  this  act,  the  following  described  shall  be  a  lawful  j^tS" 
fence,  viz :  First — Post  and  rail  fence  shall  be  made  of  post  post  and 
not  less  than  four  by  six  inches,  set  in  the  ground  not  less  than  rail  fence- 
two  feet,  with  rails  not  less  than  three  inches  thick,  placed 
not  more  than  five  inches  apart,  for  the  first  three  feet,  and 
after  that  not  more  than  eight  inches  apart,  the  fence  to  be 
not  less  than  five  feet  high.     Second — Worm  fence  shall  be  five  Wo™  fence. 
feet  high,  with  additional  stakes  and  riders,  no  greater  space 
to  intervene  between. the  rails  than  in  a  post  and  rail  fence. 
Third — Post  and  slat  fence  shall  be  of. the  same  height  and  with  postand 
the  same  space  between  the  slats  as  above,  in  this  section,  the  slatfence- 
post  shall  not  be  less  than  twelve  inches  in  circumference,  and 
not  less  than  two  feet  in  the  ground.     The  slats  to  be  not  less 
than  one  and  a  half  inches  thick,  all  well  fastened  to  the  post 
with   twelve-penny  nails.     Fourth — Paling  fence  shall  be  of  panng  fence. 
the  same  height,  and  the  post  of  the  same  size,  and  set  in  the 
ground  the  same  depth,  as  in  a  post  and  rail  fence,  with  post 
not  more  than  ten  feet  apart.     Fifth — Ditch  fence  shall  be  four  Ditch  fence 
feet  wide  at  the  top,  and  three  feet  deep,  with  post  set  in  the 
embankment  not  over  seven  feet  apart,  with  three  slats  not  less 
than  four  inches  wide,  and  one  and  a  half  inches  thick,  all 
securely  fastened  to  the  post ;  or — 

SEC.  4.     Any   fence   which,   by   reliable   evidence,   shall  be  other 
declared  as  strong,  substantial,  and  as  well  calculated  to  pro- lawful 
tect  enclosures  as  either  of  those  described  in  the  third  section 
of  this  act,  shall  be  a  lawful  fence  in  each  of  the  counties 
named  in  the  second  section  of  this  act. 

SEC.  5.     When  a  fence  has  been  erected  by  any  person  on  Partition 
the  line  of  his  land,  and  the  person  owning  the  land  adjoining  fei 
thereto  shall  make  or  cause  to  be  made,  an  inclosure  on  the 
opposite  side  of  such  fence,  so  that  such)  fence  may  answer  the 

7—49649 


98 


STATE    DEPARTMENT   OF    AGRICULTURE. 


Parties  to 
maintain 
fence. 


Damages. 


Fences  to  be 
on  line. 


purpose  of  inclosing  his  ground  also,  such  person  shall  pay 
the  owner  of  such  fence  already  erected,  one  half  the  value  of 
so  much  thereof  as  serves  as  a  partition  fence  between  them; 
provided,  if  the  party  so  inclosing  shall  neglect  or  refuse  to 
pay  for  the  one-half  of  such  fence,  the  land  so  inclosed  shall 
become  liable  therefor,  and  the  value  of  the  one-half  of  such 
fence  shall  become  and  remain  a  lien  upon  such  land,  and 
shall  draw  interest  at  the  rate  of  fifteen  per  cent  per  annum 
until  paid.  Notice  of  such  lien  shall  be  filed  in  the  office  of  the 
county  recorder  of  the  county,  as  provided  by  law  for 
mechanics'  liens.  The  value  of  the  fence  at  the  time  such 
inclosure  was  made,  shall  be  the  amount,  with  interest  thereon, 
to  which  the  builder  of  the  fence  shall  be  entitled.  (As 
amended,  Stats.  1860,  p.  141.) 

SEC.  6.  When  two  or  more  persons  own  land  adjoining 
which  is  inclosed  by  one  fence,  and  it  becomes  necessary  for 
the  protection  of  the  rights  and  interests  of  one  party,  that  a 
partition  fence  should  be  made  between  them,  the  other  or 
others,  when  notified  of  such  fact,  shall  proceed  to  erect  or 
cause  to  be  erected,  one-half  of  such  partition  fence ;  said  fence 
to  be  erected  en,  or  as  near  as  practicable,  the  line  of  said 
land ;  and  if,  after  six  months '  notice  given,  either  party  shall 
persist  in  refusing  to  erect,  or  cause  to  be  erected,  one-half  of 
such  fence,  the  party  giving  the  notice  may  proceed  to  erect 
or  cause  to  be  erected,  the  entire  partition  fence,  and  collect 
by  law  one-half  of  the  cost  of  such  fence  from  the  other  party, 
and  he  shall  be  entitled  to  the  lien  upon  the  land  thus  parti- 
tioned, as  provided  in  the  preceding  section.  (As  amended, 
Stats.  1860,  p.  142.) 

NOTE. — The  following  three  sections  supplementing  section  six  were 
added  by  the  amendment  of  i860:  - 

SEC.  3.  Except  when  otherwise  agreed,  partition  fences 
dividing  lands  occupied  on  both  sides  shall  be  maintained 
throughout  the  year,  each  party  keeping  in  repair  the  portion 
constructed  by,  adjudged  to,  or  paid  for  by  him.  If  either 
party  fails  so  to  do,  the  other  may  give  him  three  days'  notice 
that  he  will  call  upon  three  disinterested  householders,  at  a 
specified  hour  on  the  day  fixed,  to  examine  such  fence  and,  if 
they  deem  it  insufficient,  to  assess  the  amount  necessary  to  make 
it  sufficient.  (Added,  Stats.  1860,  p.  142.) 

SEC.  4.  If,  within  fifteen  (Jays  thereafter,  the  party  to 
whom  notice  has  been  given  shall  fail  to  repair  such  fence,  the 
complainant  may  do  so;  and  in  that  case  he  shall  have  cause 
of  action  against  the  other  for  the  amount  so  assessed,  with 
twenty-five  per  cent  damages  thereon.  (Added,  Stats.  1860, 
p.  142.) 

SEC.  5.  Upon  such  trial,  the  defendant  may  impeach  the 
assessment,  and  in  that  case  the  court  or  jury,  as  the  case  may 
be,  shall  determine  the  amount  of  damages.  (Added,  Stats. 
1860,  p.  142.)- 

SEC.  7.  All  partition  fences  separating  adjoining  enclosures, 
shall  stand  upon  the  line,  and  any  person  or  persons  when 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  99 

erecting  a  partition  fence,  and  refusing  to  place  it  on  the  line 
dividing  such  lands,  or  to  remove  it  to  such  line  when  erected 
otherwise  than  thereon,  shall  subject  himself  to  one  half  the 
cost  of  its  removal  and  erection  in  the  right  place. 

SEC.  8.     The  respective  owners  or  lessees  of  lands  which  now  Duty  or 
are,  or  hereafter  may  be  enclosed  with  fences,  shall  keep  up  and  owners- 
maintain  in  good  repair  all  partition  fences  between  their  own 
and  the  next  adjoining  enclosures,  in  equal  shares,  so  long  as 
both  parties  continue  to  occupy  or  improve  the  same. 

SEC.  9.     Nothing  in  this  act  shall  be  so  construed  as  to"  counties 
apply  to  the  counties  of  Butte,  Amador,  Tuolumne,  San  Diego,  excePted- 
Nevada,  San  Bernardino,  Colusa,  Placer,  Santa  Barbara,  Yuba, 
Trinity,  Shasta,  Klamath,  and  Siskiyou;  and  said  counties  are 
hereby  excepted  and  excluded  from  the  provisions  of  this  act. 
(As  amended,  Stats.  1863-64,  p.  465.) 

SEC.  10.     An  act  entitled  An  act  concerning  lawful  fences,  Repeal,  with 
etc.,   passed  March  thirtieth,   eighteen  hundred  and  fifty,   is  exception- 
hereby  repealed,  except  as  far  as  the  counties  exempt  from 
the  provisions  of  this  act  are  concerned.* 


1  An  act  concerning  lawful  fences  in  the  counties  of  San  Bernar- 
dino, Colusa]  Shasta,  Tehama,  and  Placer. 

(Approved  April   18,    1859;    Stats.   1859,   p.   279.) 

SECTION  1.  In  the  counties  of  San  Bernardino,  Colusa, 
Shasta,  Tehama,  and  Placer,  every  inclosure  shall  be  deemed 
a  lawful  fence,  which  is  four  and  one-half  feet  high,  if  made 
of  stone,  and  if  it  be  made  of  rails,  five  and  one-half  feet  high ; 
if  the  fence  be  a  post  and  rail  fence,  or  a  picket  fence,  it  shall 
be  constructed  of  posts  of  reasonable  size  and  strength,  firmly 
set  in  the  ground,  not  more  than  twelve  feet  apart — and  not 
more  than  eight  feet  apart,  if  it  be  a  board  fence ;  the  rails, 
boards,  or  pickets,  to  be  of  reasonable  size  and  strength,  securely 
fastened  to  the  posts,  to  the  height  of  four  and  a  half  feet, 
and  reasonably  close ;  if  a  picket  fence,  the  pickets,  also,  to  be 
strongly  nailed  to  a  rail  above,  and  one  below,  or  driven  into 
!.  the  ground  and  nailed  to  a  rail  above,  reasonably  close;  if  a 
ditch  fence,  the  ditch  to  be  at  least  two  and  a  half  feet  deep, 
and  three  feet  wide  at  the  top,  the  embankment  to  be  either  on 
the  inside  or  outside  of  the  inclosure,  with  a  rail,  board,  or 
picket  fence  on  the  embankment,  to  the  height  of  three  feet,  or 
any  other  kind  of  fence  equivalent  in  height,  quantity,  and 
strength,  to  the  above  kind  of  fences,  are  hereby  declared  law- 
ful fences  in  said  counties. 

SEC.  2.     If  any  horse,  mule,  jack,  jenny,  hog,  sheep,  goat,  or  Trespass. 
any  head  of  neat  cattle,  shall  break  into  any  ground,  inclosed 
by  a  lawful  fence,  the  owner,  or  manager,  of  such  animal  shall 
be  liable,  to  the  owner  of  such  inclosed  premises,  for  all  dam- 

*See  note  to  act  of  1850,  page  95  hereof. 


100 


STATE   DEPARTMENT   OF    AGRICULTURE. 


Partition 
fences. 


May  collect 
cost. 


On  the  line. 


In  repair. 


ages  sustained  by  such  trespass,  and  if  the  trespass  be  repeated, 
by  neglect  of  the  owner,  or  manager,  of  such  animals,  he  shall, 
for  the  second  and  every  subsequent  trespass,  be  subject  to 
double  the  damages  of  such  trespass,  to  the  owner  of  said 
premises;  provided,  also,  that  the  owner  of  any  premises, 
inclosed  by  a  lawful  fence,  may  take  up,  and  safely  keep,  at 
the  expense  of  the  owner  thereof,  any  such  animal,  or  animals, 
trespassing  thereon,  and  if  such  animal,  or  animals,  shall  not 
be  applied  for,  by  the  owner  thereof,  and  such  damages  be 
paid,  within  ten  days  after  such  taking-up,  the  same  may  be 
posted  and  disposed  of,  under  the  estray  law  of  the  state ;  and, 
before  restitution  shall  be  had  by  the  owner  of  such  animal, 
or  animals,  in  any  case,  all  damages  done  by  them,  and  all 
expenses  of  pasturing,  keeping,  and  disposing  of  them,  shall  be 
paid. 

SEC.  3.  When  a  fence  shall  have  been  erected  by  any 
person,  on  the  line  of  his  land,  or  that  for  which  he  may  have 
a  lease  for  one  year,  or  more,  and  the  person  owning  the  land 
adjoining  thereto,  or  holding  a  lease  of  the  same  for  one  or 
more  years,  shall  make,  or  cause  to  be  made,  an  inclosure  on 
the  opposite  side  of  such  fence,  so  that  such  fence  may  answer 
the  purpose  of  inclosing  his  ground  also,  such  person  shall  pay 
the  owner  of  such  fence,  already  erected,  one-half  of  the  value 
of  so  much  thereof  as  serves  as  a  partition  fence  between  them. 

SEC.  4.  When  two  or  more  persons  own  land  adjoining, 
which  is  inclosed  by  one  fence,  and  it  becomes  necessary,  for  the 
protection  of  the  right  and  interest  of  one  party,  that  a  parti- 
tion fence  should  be  made  between  them,  the  other,  or  others, 
when  notified  of  the  fact,  shall  proceed  to  erect,  or  cause  to  be 
erected,  one-half  of  such  partition  fence,  such  fence  to  be 
erected  on  (or  as  near  as  possible)  the  division  line  of  such 
land;  and  if,  after  notice  is  given  by  either  party,  and  a  reason- 
able time  has  elapsed,  and  the  other  party  persist  in  refusing 
to  erect  one-half  of  such  fence,  the  party  giving  such  notice 
may  proceed  to  erect  the  entire  partition  fence,  and  collect, 
by  law,  the  proportional  share  of  the  cost  of  such  fence,  from 
the  party,  or  parties,  so  refusing  to  build  his  or  their  respec- 
tive portions  thereof. 

SEC.  5.  All  partition  fences,  separating  adjoining  inclo- 
sures,  shall  stand  upon  the  line,  and  any  person,  or  persons, 
when  erecting  a  partition  fence,  and  refusing  to  place  it 
on  the  line  dividing  such  lands,  or  remove  it  to  such  line,  when 
erected  otherwise  than  thereon,  shall  subject  himself  to  one- 
half  the  cost  of  the  removal,  and  erection  thereof  in  the  right 
place. 

SEC.  6.  The  respective  owners,  or  lessees,  of  lands  which 
now  are,  or  hereafter  may  be;  inclosed  with  fences,  and  their 
successors  in  interest  therein,  shall  keep  up,  and  maintain,  in 
good  repair  and  condition,  all  partition  fencas,  between  their 
own  and  the  next  adjoining  inclosures,  in  equal  shares. 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  101 

SEC.  7.  When  two  or  more  persons  shall  agree  to  cultivate  under  one 
lands,  under  one  inclosure,  neither  of  them  shall  place,  or in' 
cause  to  be  placed,  any  stock  or  animals  on  his,  her,  or  their 
ground,  to  the  injury  or  damage  of  the  other,  or  others,  but, 
for  a  violation  of  this  provision,  shall  be  liable  for  all  damages 
thus  sustained  by  the  other,  or  others,  and  for  a  repetition  of 
such  violation,  after  due  notice  be  given,  and  for  every  subse- 
quent repetition,  double  damages  shall  be  recovered;  it  shall 
not  be  necessary  to  prove  an  express  agreement  to  cultivate 
under  one  inclosure,  but  the  fact  of  such  cultivation  shall  be 
sufficient  evidence  of  such  agreement. 

SEC.  8.     All  acts,  or  parts  of  acts,  inconsistent  with  the  pro-  Repealing 
visions  of  this  act,  are  hereby  repealed,  so  far  as  they  relate  clause- 
to  the  counties  of  San  Bernardino,  Colusa,  Shasta,  Tehama, 
and  Placer. 

NOTE. — For  other  special  acts  relating  to  lawful  and  division  fences, 
see  note  to  act  of  1876,  page  103  hereof.  For  definition  of  lawful  fence 
under  local  option  estray  law  of  1919,  see  page  108  hereof. 


DIVISION  FENCES.     ;    ^>\  J      ;;"W 
An  act  to  provide  for  constructing  division  fences. 

(Approved    March    9,    1876.     'Amendments    approved    March    30,    1878. 
Stats.    1875-6,   p.    175;    1877-8,   p.    165.) 

SECTION  1.     When  two  or  more  persons  own  land  adjoining,  Erection  of 

.,,  ,.  «>  ci  partition 

which  is  inclosed  by  one  fence,  in  either  the  counties  or  bacra-  fences. 
rnento,  Solano,  Sutter,  Tuba,  Butte,  Contra  Costa,  and  in  that 
portion  of  San  Joaquin  County  lying  and  being  north  and 
east  of  the  San  Joaquin  River,  Amador,  San  Luis  Obispo, 
Santa  Barbara,  Ventura,  Tulare,  El  Dorado,  Tuolumne,  San 
Mateo,*  and  Nevada,  and  it  becomes  necessary  for  the  protec- 
tion of  the  rights  and  interests  of  one  party  that  a  partition 
fence  should  be  made  between  them,  the  other  or  others,  when 
notified,  shall  proceed  to  erect,  or  cause  to  be  erected,  one-half  Persons 
of  such  partition  fence ;  said  fence  to  be  erected  on,  or  as  near  j^reeste 
as  practicable,  the  line  of  said  land.  And  if,  after  notice  notified. 
given  in  writing,  or  after  determination  of  the  viewers,  as 
provided  in  section  six  hereof,  either  party  shall  fail  to  proceed 
to  erect,  or  cause  to  be  erected  and  completed,  within  six 
months'  time  thereafter,  one-half  of  such  fence,  the  party 
giving  the  notice  may  proceed  to  erect  or  cause  to  be  erected, 
the  entire  partition  fence  and  collect  by  law  one-half  of  the 
costs  of  such  fence  from  the  other  party,  and  he  shall  be  entitled 
to  a  lien  upon  the  land  thus  partitioned,  as  provided  in  section 
one  of  an  act  entitled  An  act  amendatory  of  and  supple- 
mental to  an  act  entitled  An  act  concerning  lawful  fences, 
approved  April  third,  eighteen  hundred  and  sixty. 

SEC.  2.     Lawful  division  fences  are  described  as  follows:      Lawful 
First— It  made  of  stone,  four  feet  high,  three  feet  base,  and 
one  foot  thick  on  the  top. 

*Repealed  as  to  San  Mateo  County,  Stats.  1877-8,  p.  1019. 


102 


STATE   DEPARTMENT   OF   AGRICULTURE. 


Dimensions 
of  posts. 


Duty  of 
owners. 


Liability  of 

adjoining 

owners. 


Disagree- 
ment, viewers 
to  decide. 


Viewers  to 
Qle  report. 


Second — If  it  be  worm  fence,  the  rails  should  be  well  laid, 
and  at  least  five  feet  high. 

Third — If  made  of  posts  and  boards,  the  posts  must  be  set 
well  in  the  ground,  not  less  than  eighteen  inches,  and  not  wider 
apart  than  eight  feet.  If  intended  to  turn  all  stock,  it  shall  be 
at  least  five  six-inch  boards  or  four  eight-inch  boards  high,  or 
four  boards  high  with  a  ditch  embankment  equal  to  one  board, 
or  four  six-inch  boards  high  with  a  wire  on  top;  the  boards 
to  be  six  inches  wide  and  one-inch  thick,  the  top  board  or  wire 
to  be  four  and  One-half  feet  from  the  ground,  the  spaces  well 
divided,  and  the  boards  securely  nailed  to  the  posts.  If 
intended,  as  by  mutual  agreement  in  writing,  a  lawful  fence 
to  turn  only  neat  cattle,  horses  and  mules,  a  three-board  fence 
shall  be  deemed  sufficient,  the  bottom  board  to  be  two  feet 
from  the  ground. 

Fourth — If  made  of  pickets,  posts  and  rails,  or  posts  and 
poles,  and  a  ditch  or  ditches,  the  fence  must  be  equally  strong 
and  secure  as  a  fence  made  as  described  in  the  last  subdivision. 

Ftfti&~£&  ^made  of  wire,  posts  and  poles,  ditch,  pickets, 
hedge,  brush',  or,  any  other  materials,  the  fence,  to  be  lawful, 
rjfiist/b£;  equial  in. strength  and  capacity  to  turn  stock  as  the 
fence  described  "in  the  third  subdivision  of  this  section.  (As 
amended,  Stats.  1877-8,  p.  765.) 

SEC.  3.  All  posts  used  in  such  fences  shall  be  at  least 
twelve  inches  in  circumference,  set  at  least  eighteen  inches  in 
the  ground,  and  must  be  replaced  when  and  as  often  as  the 
fence  shall  become  decayed, 

SEC.  4.  Each  coterminous  land  owner  shall  construct  and 
keep  in  repair  a  just  proportion  of  the  line  fence  between 
their  respective  tracts  of  land,  unless  the  owner  of  one  or  both 
of  said  tracts  shall  choose  to  allow  his  land  to  lie  uninclosed. 

SEC.  5.  When  one  of  such  adjoining  proprietors  shall  have 
allowed  his  land  to  lie  uninclosed,  and  afterwards  shall  inclose 
it  he  shall  owe  and  be  indebted  to  such  adjoining  owner  one- 
half  the  value  of  any  division  fence  owned  by  the  other,  used 
by  him  in  forming  such  inclosure;  and  each  shall  thereafter 
keep  one-half  of  such  fence  in  repair. 

SEC.  6.  If  adjoining  proprietors  can  not  agree  as  to  the 
proportion  or  the  particular  part  of  a  division  fence  to  be 
made,  maintained,  or  kept  in  repair  by  each  respectively,  either 
party  may  apply,  on  five  days'  notice,  to  a  justice  of  the  peace 
of  the  township,  if  there  be  one,  if  not,  to  the  county  judge,  for 
the  appointment  of  three  viewers,  wrho  may  examine  witnesses 
on  oath,  and  view  the  premises,  and  must  determine: 

First — If  the  fence  is  owned  by  one  proprietor,  how  much 
the  other  shall  pay  as  his  proportion  of  the  value. 

Second — If  the  fence,  or  the  whole  thereof,  is  not  built, 
which  part  thereof  shall  afterwards  be  built  and  kept  in  repair 
by  each.  The  determination  of  the  viewers  shall  be  reduced 
to  writing  and  signed  by  them,  and  shall  be  filed  in  the  office 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  103 

of  the  county  clerk,  and  such  determination  shall  be  conclu- 
sive upon  the  parties.  If  any  part  of  such  determination  shall 
consist  in  fixing  the  value  of  a  fence,  for  which  one  party  is  to 
pay  the  other  a  proportion  also  fixed,  such  proportion  shall  be 
paid  within  thirty  days  after  notice  of  such  determination, 
and  if  not  FO  paid  may  be  recovered  by  action  in  any  court  of 
competent  jurisdiction.  The  viewers  shall  be  entitled  to  a  Fees  of 
fee  of  three  dollars  each,  one-half  to  be  paid  by  each  proprietor,  "ewers. 

SEC.  7.  Nothing  in  this  act  shall  be  held  to  repeal  or  affect 
subdivision  fourteen  of  section  eight  hundred  one  of  the  Civil 
Code,  nor  sections  eight  hundred  forty  and  eight  hundred 
forty-one  of  said  code,  but  this  act  shall  be  deemed  cumulative. 

SEC.  8.  This  act  shall  be  in  force  from  and  after  its 
passage. 

NOTE. — Special  acts  concerning  lawful  and  division  fences  relating  to 
counties  not  included  in  the  act  of  1875  were  passed  as  follows: 

El  Dorado    (lawful  fences),   Stats.   1869-70,  p.   584. 

Modoc  (lawful  and  division  fences),  Stats.  1873-4,  p.  362;  amended, 
Stats.  1875-6,  p.  71. 

Colusa  and  Tehama   (partition  fences),   Stats.   1875-6,  p.  207. 

San  Mateo    (partition  fences),  Stats.   1875-6,  p.  173. 

Sonoma  (partition  fences  on  line  of  adjoining  county),  Stats.  1877-8, 
p.  692. 

MAINTENANCE  OF  DIVISION  FENCES. 
Civil  Code. 

§801.  The  following  land  burdens  or  servitudes  upon  land, 
may  be  attached  to  other  land  as  incidents  or  appurtenances, 

and  are  then  called  easements : 

******* 

14.  The  right  of  having  the  whole  of  a  division  fence 
maintained  by  a  coterminous  owner:  *  *. 

§840.  The  owner  of  a  life  estate  must  keep  the  buildings 
and  fences  in  repair  from  ordinary  waste.  *  *. 

§841.  Coterminous  owners  are  mutually  bound  equally  to 
maintain : 

1.  The  boundaries  and  monuments  between  them; 

2.  The  fences  between  them,  unless  one  of  them  chooses  to 
let  his  land  lie  without  fencing;  in  which  case,  if  he  afterwards 
incloses  it,  he  must  refund  to  the  other  a  just  proportion  of 
the  value,  at  the  time,  of  any  division  fence  made  by  the 
latter.* 

LEAVING  GATE  OPEN. 
Penal  Code. 

§602.     Every  person  who  willfully  commits  any  trespass  by 

either : 

******* 

8.  Willfully  opening,  tearing  down,  or  otherwise  destroying  Leaving 
any  fence  on  the  inclosed  land  of  another,  or  opening  any  gate, ga 
bar,  or  fence  of  another  and  willfully  leaving  it  open  without 
the   permission  of  the   owner,   or   maliciously  tearing   down, 

*See  note  to  act  of  1855  concerning  lawful  fences,  page  96  hereof. 


104 


STATE   DEPARTMENT   OF   AGRICULTURE. 


mutilating,  or  destroying  any  sign,  signboard,  or  other  notice 
forbidding  shooting  on  private  property;  or 

9.  Entering  any  inclosure  belonging  to,  or  occupied  by, 
another  for  the  purpose  of  hunting,  shooting,  killing,  or 
destroying  any  kind  of  game  within  such  inclosure,  without 
having  first  obtained  permission  from  the  owlier  of  such 
inclosure ; 

Is  guilty  of  a  misdemeanor. 

(As  amended,  Stats.  1905,  p.  688.) 


Civil  Code. 


RAILROAD  FENCES. 


Maintenance 
of  fences 
along  rail- 


damages  for 


§485.  Railroad  corporations  must  make  and  maintain  a 
good  and  sufficient  fence  on  both  sides  of  their  track  and 
property.  In  case  they  do  not  make  and  maintain  such 
kming  stock,  fence,  if  their  engine  or  cars  shall  kill  or  maim  any  cattle  or 
other  domestic  animals  upon  their  line  of  road,  except  where 
the  same  runs  through  or  upon  public  land  they  must  pay 
to  the  owner  of  such  cattle  or  other  domestic  animals  a  fair 
market  price  for  the  same,  unless  it  occurred  through  the 
neglect  or  fault  of  the  owner  of  the  animal  so  killed  or 
maimed.  Eailroad  corporations  paying  to  the  owner  of  the  land 
through  or  along  which  their  road  is  located  an  agreed  price 
for  making  and  maintaining  such  fence,  or  paying  the  cost  of 
such  fence  with  the  award  of  damages  allowed  for  the  right 
of  way  for  such  railroad,  are  relieved  and  exonerated  from 
all  claims  for  damages  arising  out  of  the  killing  or  maiming 
any  animals  of  persons  who  thus  fail  to  construct  and  main- 
tain such  fence;  and  the  owners  of  such  animals  are  respon- 
sible for  any  damages  or  less  which  may  accrue  to  such  corpo- 
ration from  such  animals  being  upon  their  railroad  track, 
resulting  from  the  non-construction  of  such  fences,  unless  it  is 
shown  that  such  loss  or  damage  occurred  through  the  negli- 
gence or  fault  of  the  corporation,  its  officers,  agents,  or 
employees.  (As  amended,  Stats.  1915,  p.  1281.) 

Penal  Code. 

§369rf.  Any  person  who  enters  upon  or  crosses  any  railroad, 
at  any  private  passway,  which  is  inclosed  by  bars  or  gates,  and 
neglects  to  leave  the  same  securely  closed  after  him,  is  guilty 
of  a  misdemeanor.  (Added,  Stats.  1905,  p.  766.) 

§369e.  Any  person  who  leads,  drives,  or  conducts  any  beast 
along  the  track  of  a  railroad,  except  where  the  railroad  is  built 
within  the  limits  of  a  public  highway,  or  who  places,  or 
having  the  right  to  prevent  it,  suffers  any  animal  to  be  placed 
within  the  fences  thereof  for  grazing  or  other  purposes,  is 
guilty  of  a  misdemeanor.  (Added,  Stats.  1905,  p.  767.) 


Closing  of 
gates  at 
railroad 
crossings. 


Animals 
feeding 
along  rail- 
road tracks. 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  105 

ESTRAYS. 

An  act  relating  to  estrays,  providing  for  taking  them  up  and 
giving  a  lien  on  them  for  all  damages,  costs,  and  expenses 
incurred  by  reason  of  taking  them  up,  and  repealing  all 
other  acts  and  parts  of  acts  now  in  force  relating  to  estrays. 

(Approved  March  23,  1901.  Amendments  approved  March  20,  1905  ; 
March  6,  1907  ;  April  22,  1909  ;  May  20,  1915.  Stats.  1901,  p.  603  ; 
1905,  p.  395;  1907,  p.  132;  1909,  pp.  1060,  1079;  1915,  p.  636.) 

SECTION  1.  Any  person  finding  at  any  time  any  estray  jjjjjj1^. " 
domestic  animal  or  animals  upon  his  premises.,  or  upon  premises  animals 
to  which  he.  has  the  right  of  possession,  or  upon  highways 
adjacent  thereto,  may  take  up  the  same  and  have  a  lien  thereon 
for  all  expenses  incurred  and  costs  in  keeping  and  caring  for 
said  animal  or  animals,  as  hereinafter  provided;  and  no  per- 
son shall  remove  them  from  the  possession  of  the  taker-up,  or 
from  the  possession  of  the  officer  to  whom  they  may  have  been 
delivered,  except  •  as  hereinafter  provided ;  provided,  however, 
in  the  counties  of  Trinity,  Shasta,  Del  Norte,  Siskiyou, 
Lassen  and  Modoc,  any  person  finding  at  any  time  any 
estray  domestic  animal  or  animals  upon  his  premises,  or  upon 
premises  to  which  he  has  the  right  of  possession,  shall  not 
have  the  right  to  take  up  said  domestic  animal  or  animals,  nor 
shall  he  have  a  lien  thereon  for  all  or  any  of  the  expenses 
incurred  and  costs  in  keeping  and  caring  for  said  animal  or 
animals,  unless  said  premises  are  entirely  enclosed  with  a  good 
and  substantial  fence.  (As  amended,  Stats.  1915,  p.  636.) 

SEC.  2.  Any  person  taking  up  an  estray  animal  or  animals 
shall  confine  the  same  in  a  secure  place,  and  within  five  (5)  taken  up. 
days  file  with  the  county  recorder  or  county  poundkeeper  of 
the  county  in  which  such  estray  is  found,  a  notice  containing 
a  description  of  the  animal  or.  animals  taken  up,  with  the 
marks  and  brands,  if  they  have  any,  together  with  the  proba- 
ble value  of  each  animal,  and  a  statement  of  the  place  where 
the  taker-up  found,  and  where  he  has  confined  the  same.  The 
county  recorder  or  county  poundkeeper  shall  receive  for  filing 
said  notice  the  sum  of  fifty  cents.  If  the  value  of  said  animal  Publication 

i  T    -,-,  •  n          .  •  -.of  notice. 

or  animals  together  exceed  ten  dollars,  said  notice  must  also 
be  published  in  a  paper  of  general  circulation  within  the 
county  at  least  once  a  week  for  three  successive  weeks,  stating 
the  time  on  which  the  animal  or  animals  will  be  delivered  to 
the  constable,  as  provided  in  section  five  of  this  act,  or  if  the 
finder  knows  the  owner  of  said  animal  or  the  person  having 
charge  thereof,  then,  within  five  days  after  said  animal  is  taken 
up,  he  shall  notify  the  owner  of  said  animal,  or  the  person 
having  charge  thereof,  which  notice  shall  contain  the  same 
information  as  the  notice  to  be  recorded,  and  hereinbefore  pro- 
vided, describing  said  animal  so  taken  up,  the  date  when  it 
was  taken  up,  the  place  where  found,  and  the  place  where  kept, 
and  no  charge  shall  be  made  for  preparing  and  serving  this 
notice.  This  notice  shall  be  in  lieu  of  recording  a  notice  for 


106 


STATE   DEPARTMENT   OF   AGRICULTURE. 


Person 
claiming 
animal  to 
pay  costs, 
etc. 


Action  over 
costs,  etc. 


which  notice  he  shall  be  entitled  to  the  sum  of  fifty  cents. 
(As  amended,  Stats.  1915,  p.  637.) 

SEC.  3.  At  any  time  within  thirty  days  from  the  date  of 
the  filing  of  the  notice  specified  in  section  two  of  this  act,  any 
person  claiming  such  estray  animal  or  animals  shall  appear 
and  demand  from  the  taker-up  the  possession  thereof,  and 
shall,  at  the  same  time,  pay  the  taker-up  all  damages,  expenses 
and  costs  incurred  by  reason  of  taking  up  such  animal  or  ani- 
mals, and  upon  receiving  such  damages,  expenses  and  costs, 
the  taker-up  shall  immediately  deliver  to  the  party  claiming 
such  animal  or  animals  the  possession  thereof.  Such  damages, 
expenses  and  costs  shall  be  estimated  as  follows,  to  wit: 

1.  The  total  amount  paid  by  the  taker-up  to  the  county 
recorder,  or  county  poundkeeper.     A  reasonable  cost  for  pub- 
lishing said  notice,  and  a  reasonable  attorney's  fee  for  pre- 
paring the  said  notice  not  to  exceed  two  dollars  and  fifty  cents. 

2.  The  sum  of  not  to  exceed  fifty  cents  per  day  for  the  keep- 
ing and  care  of  each  horse,  mule,  jenny,  ass,  cow,  bull,  ox, 
steer,  or  calf. 

3.  The  sum  of  not  to  exceed  fifteen  cents  per  day  for  the 
keeping  and  care  of  each  sheep,  goat,  hog,  or  other  animal  not 
hereinbefore  specified ;  provided,  that  the  taker-up  of  said  ani- 
mal or  animals  must  properly  feed  and  water  the  same  while 
under  his  care;  an'd  if  he  fails  so  to  do,  shall  forfeit  all  right 
of  lien  thereon.     (As  amended,  Stats.  1915,  p.  637.) 

SEC.  4.  If  the  party  claiming  such  estray  animal  or  ani- 
mals is  dissatisfied  with  the  amount  charged  by  the  taker-up 
for  costs  and  expenses,  he  shall  tender  to  the  taker-up  the 
proper  amount  therefor,  and  if  the  said  tender  be  refused, 
the  party  claiming  such  estray  animal  or  animals  shall  within 
ten  days  thereafter  commence,  in  the  proper  court,  suit  against 
the  taker-up  for  the  recovery  -of  the  possession  of  such  estray 
animal  or  animals,  in  which  said  action  the  taker-up  may  set 
forth  his  expenses  and  costs,  and  said  matter  together  with 
accruing  expenses  and  costs  to  the  time  of  the  entry  of  the 
judgment,  shall  be  determined  by  the  court  in  accordance 
with  the  provisions  of  this  act,  and  the  amount  of  all  such 
expenses  and  costs,  and  the  costs  of  said  action  shall  be  included 
in  any  judgment  awarded  by  said  court,  and  such  costs  in  said 
action  shall  be  in  favor  of  the  plaintiff  in  said  action  and 
against  said  defendant,  if  the  court  shall  find  that  the  amount 
tendered  by  the  plaintiff  to  the  defendant  was  not  less  than 
the  proper  amount;  otherwise  said  costs  shall  be  in  favor  of 
the  defendant  and  against  the  plaintiff.  "Without  the  consent 
of  defendant  in  any  such  action,  no  return  of  such  animal  or 
animals  shall  be  adjudged  until  the  plaintiff  shall  pay  to  the 
defendant  or  deposit  in  court  payable  to  him,  the  amount  of 
all  such  expenses  and  costs  in  said  action ;  and  in  case  such 
payment  or  deposit  be  not  made  within  ten  days  after  the 
same  shall  have  been  determined  by  the  court,  or  said  action 
be  not  prosecuted  with  diligence,  then  the  said  action  may  be 


LAWS    RELATING    TO    ANIMAL   INDUSTRY.  107 

dismissed  on  motion  of  defendant  without  notice;  in  case  of 
such  dismissal,  the  defendant  shall  have  judgment  for  his 
costs.  In  any  such  action  for  plaintiff  to  recover,  it  shall  be 
incumbent  on  him  to  establish  an  existing  right  in  himself  to 
the  possession  of  such  animal  or  animals.  (As  amended, 
Stats.  1915,  p.  638.) 

SEC.  5.  If  no  person  appears  and  claims  the  animal  or  ani- 
mals  taken  up  within  thirty  days  after  the  filing  of  the  notice 
hereinbefore  mentioned  in  section  three  of  this  act ;  or  if  a  per- 
son does  appear  and  claims  the  animal  or  animals  taken  up 
within  thirty  days  after  the  filing  of  the  notice  above  referred 
to,  but  shall  fail  to  pay  to  the  taker-up  the  expenses  and  costs 
as  provided  in  section  three  of  this  act,  and  shall  fail  to  com- 
mence and  prosecute  with  diligence  an  action  for  the  recovery 
of  the  possession  of  such  estray  animal  or  animals  within  the 
time  required  by  section  four  of  this  act ;  or  if  said  action  shall 
be  dismissed ;  then  the  taker-up  shall,  in  writing,  notify  a  con- 
stable or  other  officer  of  the  township  or  county  in  which  said 
animal  or  animals  are  held,  which  notice  shall  specify  that  he 
has  complied  with  all  the  provisions  of  this  act,  and  that  a 
claimant  of  said  animal  or  animals  has  failed  to  appear  and 
claim  the  same  as  herein  provided,  or  if  he  has  appeared  that  he 
has  failed  to  pay  the  expenses  and  costs  and  has  failed  to  com- 
mence or  prosecute  with  diligence  an  action  for  the  recovery 
of  the  possession  of  such  animal  or  animals  within  the  time 
and  in  the  manner  provided  for  in  this  act,  or  that  said  action 
has  been  dismissed,  and  that  such  animal  or  animals  are  held 
by  him  subject  to  sale.  Said  constable,  or  officer,  shall  imme- 
diately proceed  to  sell  such  animal  or  animals  at  public  sale, 
in  conformity  with  the  law  concerning  sales  on  execution,  and 
shall  be  entitled  to  the  same  fees  as  are  provided  by  law  for 
sales  under  execution.  (As  amended,  Stats.  1915,  p.  638.) 

SEC.  6.  Out  of  the  money  realized  from  the  sale  of  estrays,  Disposition 
the  constable  or  other  officer  shall  first  retain  his  fees ;  he  shall  refauzed.y 
then  pay  to  the  taker-up  his  expenses  and  costs  estimated  as 
provided  in  section  three  of  this  act,  or  so  much  thereof  as  the 
funds  in  his  hands  will  permit,  and  the  surplus,  if  any,  he  shall 
pay  to  the  county  treasurer  to  be  held  by  him  for  the  owner 
of  the  estray  or  estrays  for  which  it  was  received  in  payment. 
If  any  person  or  persons  shall,  within  one  year  thereafter, 
prove  to  the  satisfaction  of  the  board  of  supervisors  of  the 
county  in  which  the  estray  or  estrays  were  sold,  that  he  or 
they  are  entitled  to  the  sum  so  held  by  the  county  treasurer, 
or  any  part  thereof,  the  said  board  of  supervisors  shall  order 
such  sum  to  be  paid  over  to  the  person  or  persons;  and  if  not 
so  proven  within  one  year,  then  the  same  shall  become  a  part 
of  the  common  school  fund  of  said  county.  (As  amended, 
Stats.  1915,  p.  639.) 


108  STATE   DEPARTMENT   OF   AGRICULTURE. 

Title  to  SEC.  7.     All  sales  made  by  any  constable,  or  other  officer, 

so™als  under  the  provisions  of  this  act,  shall  convey  a  good  and  valid 
title  to  the  purchaser,  and  the  owner  of  the  estray  or  estrays 
so  sold  shall  thereafter  be  barred  from  all  right  to  recover  the 
same,  except  as  provided  in  section  six.  (As  amended,  Stats. 
1915,  p.  639.) 

L^wutyof  SEC.  8.  The  taker-up  of  an  estray  animal  or  animals  shall 
use  reasonable  care  to  preserve  the  same  from  injury,  but  if 
an  estray  animal  or  animals  die  or  escape  from  the  possession 
of  the  taker-up  at  any  time  while  he  is  holding  the  same  under 
the  provisions  of  this  act,  the  taker-up  shall  not  be  held  liable 
in  any  manner  on  account  of  such  animal  or  animals.  (As 
amended,  Stats.  1915,  p.  639.) 

cities  not  SEC.  9.  Nothing  in  this  act  shall  affect  the  laws  or  regula- 
tions in  force  or  which  may  be  in  force  regarding  estrays,  the 
poundkeeper,  or  other  pound  officer  wdthin  the  limits  of  any 
city  or  town  where  laws  regarding  estrays  are  in  force.  (As 
amended,  Stats.  1915,  p.  639.) 

no™)eaied  ^EC-  10.  Nothing  herein  contained  shall  be  held,  deemed 
or  construed  to  repeal  an  act,  entitled  "An  act  concerning 
lawful  fences,  and  animals  trespassing  upon  premises  lawfully 
enclosed,"  passed  March  30,  1850,1  nor  to  repeal  an  act,  entitled 
"An  act  concerning  lawful  fences  in  the  counties  of  San  Ber- 
nardino, Colusa,  Shasta,  Tehama  and  Placer,"  approved  April 
18,  1859, 2  in  so  far  as  the  provisions  of  said  acts,  and  each 
thereof,  apply  to  or  affect  the  counties  of  Trinity,  Shasta,  Del 
Norte,  Siskiyou,  Modoc  and  Lassen,  but  as  to  said  counties, 
and  each  thereof,  said  acts  are  hereby  expressly  continued  in 
force,  it  being  hereby  determined  that  the  present  conditions 
prevailing  in  said  counties  last  named  are  such  as  to  justify 
and  demand  the  continued  application  of  said  statutes  to  said 
counties.3  (As  amended,  Stats.  1915,  p.  639.) 


An  act  relating  to  estrays,  providing  for  taking  them  up  and 
giving  a  lien  o-n  them  for  damages,  costs,  and  expenses 
incurred  by  reason  of  taking  them  up. 

(Approved  May   27,    1919;    Stats.    1919,   p.    1150.) 

Estray  SECTION  1.     Any   person   finding   at   any   time   any   estray 

anSsmay  domestic  animal  or  animals  upon  his  premises,  or  upon  premises 
be  taken  up.  jo  which  he  has  the  right  of  possession,  may  take  up  the  same 
and  have  a  lien  thereon  for  all  expenses  incurred  and  costs 
in  keeping  and  caring  for  said  animal  or  animals,  as  herein- 
after provided;  and  no  person  shall  remove  them  from  the 
possession  of  the  taker-up,  or  from  the  possession  of  the  officer 

'See  page  95  hereof.  This  act  evidently  applies  to  Trinity,  Del  Norte 
(separated  from  Klamath  1857),  Siskiyou  and  Modoc  (separated  from 
Siskiyou  1874). 

2See  page  99  hereof.  This  act  evidently  applies  to  Shasta  and  Lassen 
(separated  from  Shasta  1864). 

3See  Montezuma  Imp.   Co.  vs.  Summerly,  28  Cal.  App.  Dec.  418. 


LAWS    RELATING   TO   ANIMAL    INDUSTRY.  109 

to  whom  they  may  have  been  delivered,  except  as  hereinafter 
provided. 

SEC.  2.     Whenever  the  term  ''premises"  is  used  in  this  act,  "Premises." 
it  shall  be  construed  to  mean  land  entirely  enclosed  with  a  good 
and  substantial  fence,  and  none  of  the  provisions  of  this  act 
shall  apply  to  any  unfenced  lands.     No  wire  fence  shall  be 
deemed  a  good  and  substantial  fence  within  the  meaning  of  feunbcsetantial 
this  act  unless  the  same  has  three  tightly  stretched  barbed  defined. 
wires  securely  fastened  to  posts  of  reasonable  strength,  firmly 
set  in  the  ground  not  more  than  one  rod  apart,  one  of  which 
wires  shall  be  at  least   four  feet  above  the  surface  of  the 
ground;  provided,  however,  that  any  kind  of  wire  or  other 
fence  of  height,  strength  and  capacity,  equal  to  or  greater 
than   the   wire   fence   herein  described  shall  also  be   deemed 
a  good  and  substantial  fence  within  the  meaning  of  this  act. 

SEC.  3.     Any  such   lien  shall  be   enforced  in   the  manner  Enforcement 
prescribed  by  the  provisions  of  sections  two  to  nine  inclusive  of  lien- 
of  the  act  entitled  "An  act  relating  to  estrays,  providing  for 
taking  them  up  and  giving  a  lien  on  them  for  all  damages, 
costs,  and  expenses  incurred  by  reason  of  taking  them  up,  and 
repealing  all  other  acts  and  parts  of  acts  now  in  force  relating 
to  estrays,"  approved  March  23,  1901,*  as  amended,  which  sec- 
tions are  incorporated  herein  and  made  a  part  hereof. 

SEC.  4.  The  provisions  of  this  act  shall  not  become  operative  Election  to 
or  effective  in  any  supervisorial  district  until,  at  a  general 
election  or  at  a  special  election  called  for  that  purpose  by  the 
board  of  supervisors,  the  electors  of  the  district  shall  have 
declared  by  a  majority  vote  in  favor  thereof.  The  form  of  the 
ballot  shall  be  substantially  as  follows: 


Shall  the  provisions  of  this  act 
become  effective  ? 

YES 

NO 

To  vote  for  making,  effective  the  provisions  of  this  act, 
electors  shall  stamp  a  cross  in  the  square  opposite  the  word 
"Yes"  on  the  ballot.  To  vote  against  making  effective  the 
provisions  of  this  act,  electors  shall  stamp  a  cross  in  the  square 
opposite  the  word  "No."  Such  an  election  shall  be  conducted 
and  the  ballots  cast  thereat,  counted,  canvassed  and  returned 
a,s  in  the  case  of  the  election  of  a  member  of  the  county  board 
of  supervisors. 

SEC.  5.     Except  in  such  districts  as  shall  hereafter  elect  to  Exceptions, 
accept  the  provisions  of  this  act  by  the  method  set  forth  in 
section  four  hereof,  none  of  the  provisions  of  any  act  of  this 
state  relative  to  or  affecting  estrays  shall  be  repealed,  modified 
or  effected  hereby. 

*See  page  105  hereof. 


110 


STATE   DEPARTMENT  OF   AGRICULTURE. 


Counties 
excepted. 


Constitu- 
tionality. 


SEC.  6.  None  of  the  provisions  of  the  act  shall  apply  to 
the  counties  of  Del  Norte,  Lassen,  Modoc,  Shasta,  Siskiyou  or 
Trinity.* 

SEC.  7.  If  any  section,  subsection,  sentence,  clause  or  phrase 
of  this  act  is  for  any  reason  held  to  be  unconstitutional,  such 
decision  shall  not  affect  the  validity  of  the  remaining  portions 
of  this  act.  The  legislature  hereby  declares  that  it  would  have 
passed  this  act,  and  each  section,  subsection,  sentence,  clause 
and  phrase  thereof,  irrespective  of  the  fact  that  any  one  or 
more  other  sections,  subsections,  sentences,  clauses  or  phrases 
be  declared  unconstitutional. 


DOMESTIC  ANIMALS  SAVED  FROM  DROWNING 
OR  STARVATION. 

For  provisions  governing  duties  and  rights  of  persons  saving 
a  domestic  animal  from  drowning  or  starvation  see  Civil  Code, 
§§  1864-1872. 


Trespassing 

declared 

unlawful. 


Recovery 
of  damages. 


TRESPASS   OF  ANIMALS. 

An  act  concerning  trespassing  of  animals  upon  private  lands 
in  certain  counties  in  the  State  of  California^ 

(Approved  March  7,   1878.     Amendments  approved  May   16,    1919. 
Stats.   1877-8,  p.  176;   1919,  p.  524.) 

SECTION  1.  It  is  unlawful  for  any  animal,  the  property  of 
any  person,  to  enter  upon  any  land  owned  by  or  lawfully  in  the 
possession  of  any  person  other  than  the  owner  of  such  animal. 

SEC.  2.  The  owner  of,  or  person  who  is  in  the  lawful  pos- 
session of,  any  land  trespassed  upon,  in  violation  of  this  act,  is 
entitled  to  recover,  by  action  in  a  court  of  competent  jurisdic- 

*See  note  to  section  10  of  the  estray  law  of  1901,  page  108  hereof. 

t  "The  act  of  March  7,  1878  (Stats.  1877-1878,  p.  176),  'concerning  tres- 
passing animals  upon  private  lands  in  certain  counties,"  etc.,  does  not 
violate  section  2,  of  article  I,  of  the  constitution  ;  nor  is  it  unconstitutional 
because  it  gives  an  attachment  for  a  trespass,  without  an  affidavit,  nor 
because  it  subjects  trespassing  animals  to  attachment  which  are  exempt 
from  execution  under  the  general  laws." 

Wigmore  vs.  Buell}  122  Cal.  144. 

"At  the  common  law,  every  man  was  bound  to  keep  his  beasts  within 
his  own  close  on  penalty  of  answering  in  damages  for  injuries  resulting 
from  their  being  permitted  to  range  or  run  at  large. 

"This  rule  of  the  common  law  was  abrogated  by  the  Legislature  of 
this  state  in  1850  (Stats.  1850,  pp.  131  and  214),  but  in  1863  (Stats.  1863, 
p  581;  amended,  Stats.  1871  and  1872,  p.  580)  the  common  law  rule  was 
restored  as  to  Santa  Clara  County,  and  in  1878  (Stats.  1877-1878,  p.  176), 
it  was  revived  in  several  other  counties  including  Colusa. 

"With  respect  to  Santa  Clara  County  and  the  several  counties  including 
Colusa  mentioned  in  the  Statutes  of  1877-1878,  the  common  law  rule  upon 
the  subject  of  trespassing  animals  still  prevails  in  its  entirety.  It  was 
not  abrogated  by  the  estray  law  of  1901  (Stats.  1901,  p.  603),  nor  by  the 
general  law  of  1907  (Stats.  1907,  p.  999)  restoring  in  part  the  common 
law  rule. 

"Therefore,  an  action  for  damages  for  trespass  by  cattle,  can  be  main- 
tained in  certain  counties  in  which  the  common  law  was  revived  by  the  act 
of  1878  (Stats.  1877-1878,  p.  176)  irrespective  of  whether  or  not  the  land 
trespassed  upon  was  enclosed  or  whether  or  not  it  was  planted  to  crops 
or  fruits." 

Blevins  vs.  Mullally,  22  Cal.  App.  519. 

See,  also. 

HicTcs  vs.  Butterworth,  30  Cal.  App.  562  ;  Montezuma  Imp.  Co.  vs. 
Summerly,  28  Cal.  App.  Dec.  418. 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  Ill 

tion,  from  the  owner  of,  or  person  in  the  possession  of,  or  person 
chargeable  with  the  care  of,  the  trespassing  animal  or  animals, 
all  damage  sustained  by  reason  of  such  trespass,  together  with 
costs  of  suit. 

SEC.  3.     For  the  purpose  of  allowing  the  plaintiff  a  better  suit  for 
security  for  the  payment  of  any  judgment  he  may  recover  in  jJoJT868' 
actions  brought  under  the  first  two  sections  of  this  act,  all  the  brought. 
provisions  of  the  Code  of  Civil  Procedure  of  this  state  relating 
to  attachment  process  shall  apply  to  such  actions,  subject  only 
to  the  modifications  herein  contained,  to  wit:  Instead  of  filing 
the  affidavit  on  attachment  required  by  sections  five  hundred 
and  thirty-eight  and  eight  hundred  and  sixty-six  of  said  code, 
the  plaintiff  is  entitled  to  the  issuance  of  a  writ  of  attachment 
against  the  property  of  the  defendant,  upon  filing  his  complaint 
stating  a  cause  of  action,  verified  according  to  the  law  concern- 
ing the  verification  of  pleadings. 

SEC.  4.     No  animal  is  exempt  from  attachment  or  execution,  ^™ons' 
levy  and  sale,  to  satisfy  a  judgment  that  may  be  rendered  directed, 
against  the  owner  of  such  animal  for  trespass  committed  by 
such  animal. 

SEC.  5.  When  it  is  not  known  by  the  party  injured  to  whom 
the  trespassing  animal  belongs,  then  and  in  that  case  the  tres- 
passing animal  or  animals  shall  also  be  liable  for  all  damage 
done  by  such  trespass,  which  liability  may  be  enforced  in  the 
following  manner:  The  party  injured  may  bring  an  action  in 
rem  in  the  district  court  of  the  county  directly  against  the 
trespassing  animal  or  lot  of  animals  trespassing  at  the  same  or 
different  times,  whether  of  the  same  or  different  marks  or 
brands.  The  complaint  shall  describe  the  defendant  animals  to 
a  common  certainty,  and  by  marks  or  brands,  if  marked  or 
branded ;  and  in  other  respects  shall  state  a  cause  of  action,  and 
shall  be  verified. 

SEC.  6.     The  summons  in  an  action  in  rem  must  be  directed  gde  of ^ 
to  the  defendant  animal  or  animals  by  like  description  as  in  the  cedure  made 
complaint,  must  be  signed  by  the  clerk  of  the  court,  issued  apphc 
under  its  seal,  and  must  contain : 

First — The  name  of  the  plaintiff,  and  a  designation  of  the 
defendant  by  like  description  as  in  complaint,  the  court  in 
which  the  action  is  brought,  and  the  county  in  which  the  com- 
plaint is  filed. 

Second — A  general  statement  of  the  cause  of  action. 

Third — A  direction  that  an  answer  in  the  case  must  be  made 
to  the  complaint  on  file  within  ten  days  after  a  copy  of  the  sum- 
mons is  posted  at  the  courthouse  door  in  said  county. 

Fourth — A  notice  that  unless  the  defendant  so  answers,  the 
plaintiff  will  apply  to  the  court  for  the  relief  demanded  in  the 
complaint. 


112 


STATE   DEPARTMENT   OF   AGRICULTURE. 


Sheriff  to 
post  copy 
of  summons. 


Clerk  to 

enter 

default. 


District 
court  open 
for  purpose 
of  entering 
judgment. 


Continu- 
ance of 


SEC.  7.  Such  summons  shall  be  served  by  the  sheriff  of  the 
county,  by  posting  a  copy  thereof  at  the  courthouse  door  of  the 
county,  and  the  time  in  which  an  answer  on  the  part  of  the 
defendant  animal  must  be  made  is  any  time  within  ten  days 
after  such  service  by  posting  as  aforesaid,  and  the  effect  of  such 
service  of  summons  shall  be  that  all  owners  of  and  any  person 
having  any  interest  in  any  of  such  defendant  animals  are  to  be 
as  conclusively  bound  by  all  the  proceedings  to  be  had  in  the 
case  as  though  all  such  persons  had  been  made  parties  to  the 
suit  and  personally  served  with  summons.  Any  person  inter- 
ested in  any  property  sued  may  appear  and  defend  as  to  such 
property ;  provided,  that  the  name  of  any  such  person  so 
appearing  shall  be  entered  as  a  defendant,  and  if  the  plaintiff 
recover  judgment  against  such  property,  and  the  same  does  not 
sell  for  sufficient  to  pay  the  same,  the  unpaid  balance  may  be 
docketed  as  a  personal  judgment  against  such  person  so 
appearing. 

SEC.  8.  If  no  answer  is  filed  within  ten  days  after  the  day 
on  which  the  summons  has  been  posted,  then  the  clerk  of  the 
court  shall  enter  the  default  of  the  defendant  animals  so  failing, 
upon  proof  being  filed  of  the  fact  of  posting  of  summons  by  the 
return  of  the  sheriff  indorsed  thereon  to  that  effect. 

SEC.  9.  In  direct  actions  against  trespassing  animals,  when 
the  damage  claimed  is  less  than  fifty  dollars  and  the  value  of 
the  property  sued  is  less  than  said  sum  of  fifty  dollars,  and 
the  complaint  in  the  case  is  verified,  and  the  defendant  makes 
default,  then  and  in  such  cases  the  said  district  court  is  always 
open  for  the  purpose  of  entering  judgment  upon  such  default, 
though  the  judge  of  the  court  may  be  absent  from  the  county 
where  the  action  is  pending  or  presiding  in  another  court  in  a 
different  county,  and  upon  such  verified  complaint,  return  of 
sheriff,  and  summons,  certificate  of  entry  of  default  by  the 
clerk,  and  the  depositions  of  witnesses  on  the  part  of  plaintiff  to 
be  taken  before  the  clerk  of  the  court,  after  posting  notice  of 
taking  such  depositions  two  days  at  the  courthouse  door,  the 
court  shall,  upon  application  of  plaintiff,  if  the  court  is  satisfied 
that  from  the  proof  the  plaintiff  is  entitled  to  recover,  render 
judgment,  within  two  days  after  receipt  of  the  papers  in  the 
case  by  the  judge,  for  such  amount  as  may  be  just,  in  favor  of 
the  plaintiff,  and  transmit  the  same  to  the  clerk  of  the  court, 
who  shall  enter  it  in  the  judgment  book  of  the  court,  and  there- 
after the  plaintiff  may  cause  an  execution  to  issue  upon  the 
same.  If  the  'Court  has  any  reasonable  doubt  as  to  the  merits  of 
plaintiff's  case,  it  shall  be  his  duty  to  order  the  same  to  be  con- 
tinued for  a  hearing  to  such  time  as  the  court  may  fix,  when  the 
same  can  be  tried  in  regular  term,  with  the  witnesses  in  open 
court. 

SEC.  10.  The  plaintiff  may  procure  an  attachment  against 
the  property  defendant  in  an  action  in  rem,  under  this  act, 
in  the  same  manner  as  in  cases  where  the  owner  is  sued,  and 
the  undertaking  on  attachment  shall  inure  to  the  benefit  of  the 


LAWS    RELATING   TO   ANIMAL   INDUSTRY.  113 

owner  of  the  property  defendant  if  plaintiff  fail  to  recover  in 
the  action. 

SEC.  11.     When  the  plaintiff  recovers  in  an  action  against  court  to  fix 
the  trespassing  animals,  the  judgment  of  the  court  shall  fix  damages?' 
the  amount  due  the  plaintiff  for  damages  and  costs,  and  if  any 
person  has  appeared  for  the  defendant  property,  the  name  of 
such  person,  and  shall  direct  that  the  defendant  property  be 
sold  according  to  law  and  the  proceeds  thereof  applied  to  the 
payment  of  the  expenses  of  such  sale,  the  amount  due  plaintiff, 
and  the  costs  in  the  case,  and  that  any  overplus  there  may  be 
be  paid  into  court. 

SEC.  12.     Any  such  overplus  so  paid  into  court  shall  be  overplus, 
paid  to  the  party  in  good  conscience  entitled  thereto,  upon  an 
order  of  court  made  for  that  purpose. 

SEC.  13.  Any  person  injured  by  a  violation  of  section  one  Payment  for 
of  this  act,  may,  at  his  option,  distrain  and  take  into  his  Sw  made, 
possession  any  trespassing  animal  or  animals  and  keep  the 
same  two  days  without  instituting  any  legal  proceedings  under 
this  act,  so  that  he  may  have  proper  time  in  which  to  make  the 
necessary  inquiries  as  to  the  ownership  of  the  animals  and  to 
determine  which  remedy  given  herein  he  is  entitled  to;  but 
the  owner,  or  any  person  having  special  property  in  the  animal 
distrained,  shall  be  entitled  to  the  same  upon  tendering  to 
the  distrainer  the  amount  of  damage  done  or  an  undertaking, 
with  two  good  and  sufficient  sureties,  in  double  the  amount 
claimed  by  the  distrainer  for  damages  and  cost  of  keeping,  con- 
ditioned that  he  will  pay  to  the  distrainer  all  damages  he  has 
sustained  by  reason  of  such  trespass,  together  with  a  reason- 
able sum  for  care  and  feed  of  the  animals  while  distrained, 
and  costs  of  suit;  and  as  between  the  parties  tendering  and 
receiving  such  undertaking,  such  tender  and  receipt  is  con- 
clusive evidence  that  the  party  tendering  is  the  owner  of  the 
animals  distrained  and  legally  chargeable  with  any  damage  it 
may  have  done  to  distrainer. 

SEC.  14.  In  all  other  matters  than-  those  in  which  a 
different  rule  is  herein  prescribed  the  course  of  procedure 
prescribed  in  the  Code  of  Civil  Procedure  shall  prevail  in  suits 
brought  under  this  act. 

SEC.  15.     Whenever    any    animal    is    lawfully    distrained  Care  and 
under  section  thirteen  of  this  act,  then  the  distrainer  shall  be  distrained 
entitled  to  recover  -reasonable  compensation  for  care  and  feed  animals- 
of  such  animal  during  .the  time  of  such  lawful  distrainment; 
and  in  actions  brought  under  the  provisions  of  this  act,  when 
the  plaintiff  recovers,  then  a  reasonable  sum  for  keeping  any 
animal  levied  upon  by  attachment  process  or  under  execution 
shall  be  allowed  as  costs  of  suit. 

SEC.  16.     This  act  shall  apply  to  all  of  that  part  of  the  Act  made 
county  of  San  Bernardino,  not  embraced  within  the  bounda-  S certS? 
ries  of  the  Angeles  national  forest,  and  lying  south  of  a  line  districts. 
drawn   due   east   and   west   from   the    Colorado   river  to   the 
western  boundary  line  of  said  county,  on  the  township  line 

S-49649 


114  STATE   DEPARTMENT   OF   AGRICULTURE. 

between  townships  two  and  three  north,  of  San  Bernardino 
base  line,  and  shall  also  apply  to  Alpine  county,  and  to  all  that 
portion  of  Salmon  Falls  township,  in  El  Dorado  county, 
lying  south  of  the  south  fork  of  the  American  river,  and  to  the 
counties  of  Colusa,  and  to  that  portion  of  Tehama  county 
lying  west  of  the  Sacramento  river  and  south  of  Red  Bank 
creek,  and  to  the  counties  of  Humboldt,  Merced,  Solano,  Santa 
Barbara,  San  Joaquin,  San  Luis  Obispo,  Sacramento  and  Los 
Angeles,  and  also  to  the  townships  of  White  Oak  and  Mud 
Springs,  in  the  county  of  El  Dorado.  (As  amended,  Stats. 
1919,. p.  524.) 

SEC.  17.  All  acts  and  parts  of  acts  in  so  far  as  the  same 
may  conflict  with  this  act,  are  hereby  repealed. 

SEC.  18.  This  act  shall  take  effect  from  and  after  its 
passage. 


TRESPASS    ON    FENCED    LANDS. 

An  act  concerning  trespassing  of  animals  upon  private  lands, 
and  the  recovery  of  damages  resulting  therefrom  * 

(Approved  March  23,  1907;  Stats.  1907,  p.  999.) 

Trespasser         SECTION  1.     It  is  unlawful  for  any  person,  firm  or  corpora- 
animals  upon     .  .  ,        .  •  &  .  /v» 

private  lands,  tion  owning,  or  having  possession  01,  any  animal,  to  suiter  or 
permit  such  animal  to  break  into  and  enter  upon  any  land 
owned  by,  or  lawfully  in  the  possession  of  any  person,  firm  or 
corporation,  other  than  the  owner  of  such  animal,  in  all  cases 
where  such  land  is  planted  to  growing  crops,  vines,  fruit  trees 
or  vegetables,  and  is  at  the  time  entirely  enclosed  by  a  sub- 
stantial fence  or  other  enclosure. 

Action  for  SEC.  2.  The  owner  of,  or  person  who  is  in  the  lawful  pos- 
session of,  any  land  trespassed  upon,  in  violation  of  this  act, 
is  entitled  to  recover,  by  action  in  a  court  of  competent  juris- 
diction, from  the  owner  of,  or  person  in  possession  of,  or  person 
chargeable  with  the  care  of,  the  trespassing  animal  or  animals, 
all  actual  damages  sustained  by  reason  of  such  trespass, 
together  with  costs  of  suit. 

security  for        SEC.  3.     For  the  purpose  of  allowing  the  plaintiff  a  better 

juadgment°f  security  for  the  payment  of  any  judgment  he  may  recover  in 
actions  brought  under  the  first  two  sections  of  this  act,  all  the 
provisions  of  the  Code  of  Civil  Procedure  of  this  state  relating 
to  attachment  process  shall  apply  to  such  actions,  subject  only 
to  the  following  modifications,  to  wit :  Instead  of  filing  the  affi- 
davit on  attachment,  required  by  sections  five  hundred  and 
thirty-eight  and  eight  hundred  and  sixty-six  of  said  code,  the 
plaintiff  is  entitled  to  the  issuance  of  a  writ  of  attachment 
against  the  property  of  defendant,  upon  filing  his  complaint 
stating  a  cause  of  action  under  this  act,  verified  according  to 
the  law  concerning  the  verification  of  pleadings. 

*See  note  to  trespass  law  of  1878,  p.  110  hereof. 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  115 


SEC.  4.  No  animal  is  exempt  from  attachment  or  execution, 
levy  and  sale,  to  satisfy  a  judgment  that  may  be  rendered 
against  the  owner  of  such  animal  for  trespass  committed  by 
such  animal. 

SEC.  5.     In  all  other  matters  than  those  in  which  a  different  course  of 
rule  is  herein  prescribed  the  course  of  procedure  prescribed  in  procedure- 
the  Code  of  Civil  Procedure  of  this  state  shall  prevail  in  suits 
brought  under  this  act. 

SEC.  6.     All  acts  and  parts  of  acts  in  conflict  with  this  act  Estrayiaw 
are  hereby  repealed  ;  provided,  nothing  in  this  act  shall  be  not  affected- 
deemed  or  construed  to  repeal  an  act  of  the  legislature  of  this 
state  relating  to  estrays,  approved  March  23,  1901. 

SEC.  7.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


An  act  to  prevent  trespass  upon  real  estate  by  live  stock. 

(Approved  May   16,    1919;   Stats.    1919,   p.   464.) 

SECTION  1.      It  shall  be  unlawful  for  any  person  or  persons  Trespass  by 
to  herd  or  graze  any  live  stock  upon  the  lands  of  another  in  pjumas,0 
the  counties  of  Plumas,  Lassen  and  Modoc  without  having  JgjJJJ and 
first  obtained  the  consent  of  the  owner  or  owners  of  the  land  counties, 
so  to  do;  provided,  that  the  person  claiming  to  be  the  owner 
of  said  lands  has  the  legal  title  thereto,  or  an  application  to 
possess  the  same,  with  first  payment  made  thereon. 

SEC.  2..  The  live  stock  which  is  herded  or  grazed  upon  the  Damages. 
lands  of  another,  contrary  to  the  provisions  of  the  first  section 
of  this  act,  shall  be  liable  for  all  damages  done  by  said  live 
stock  while  being  unlawfully  herded  or  grazed  on  the  lands 
of  another,  as  aforesaid,  together  with  costs  of  suit,  and  said 
live  stock  may  be  seized  and  held  by  a  writ  of  attachment 
issued  in  the  same  manner  provided  by  the  general  laws  of  the 
State  of  California,  as  security  for  the  payment  of  any  judg- 
ment which  may  be  recovered  by  the  owner  or  owners  of  said 
lands  for  damages  incurred  by  reason  of  a  violation  of  any 
of  the  provisions  of  this  act,  and  the  claim  and  lien  of  a 
judgment  or  attachment  in  such  case  shall  be  superior  to  any 
claim  or  demand  which  arose  subsequent  to  the  commencement 
of  this  action. 

SEC.  3.     This  act  shall  not  apply  to  any  live  stock  running  Exception, 
at  large  on  the  ranges  or  commons. 


116  STATE   DEPARTMENT   OF   AGRICULTURE. 

MISCELLANEOUS, 


FRAUDULENT   REGISTRATION   OF   LIVE   STOCK. 
Penal  Code. 

§537a.  Every  person  who  by  any  false  or  fraudulent 
pretense  obtains  from  any  club,  association,  society,  or  com- 
pany, organized  for  the  purpose  of  improving  the  breed  of 
cattle,  horses,  sheep,  swine,  or  other  domestic  animals,  a 
certificate  of  registration  of  any  animal  in  the  herd  register, 
or  any  other  register  of  any  such  club,  association,  society,  or 
company,  or  a  transfer  of  any  such  registration,  and  any 
person  who,  for  a  valuable  consideration,  gives  a  false  pedigree 
of  any  animal,  writh  intent  to  mislead,  is  guilty  of  a  misde- 
meanor. (As  amended,  Stats.  1905,  p.  685.) 

RECORD   OF  LIVE  STOCK  SALES  AT  AUCTION. 
Political   Code. 

§3505.  Every  auctioneer  who  sells  any  animal  of  the  horse 
kind,  or  any  mules,  must  keep  a  book,  in  which  he  must 
register  the  name  of  each  and  every  person  bringing  or  offer- 
ing any  horse  or  mule  to  be  sold,  and  the  name  of  the  person 
purchasing  such  horse  or  mule,  together  with  the  date  of  such 
sale,  and  a  description  of  each  horse,  or  mule  sold,  together 
with  the  marks  and  brands.  The  book  is  a  public  record, 
subject  to  the  inspection  of  any  person  desiring  to  inspect  the 
same. 

LIEN   FOR   CARE   OF   LIVE  STOCK. 
Civil  Code. 

§3051.  Every  person  who,  while  lawfully  in  possession  of 
an  article  of  personal  property  renders  any  service  to  the 
owner  thereof,  by  labor  or  skill,  employed  for  the  protection, 
improvement,  safekeeping,  or  carriage  thereof,  has  a  special 
lien  thereon,  dependent  on  possession,  for  the  compensation,  if 
any,  which  is  due  to  him  from  the  owner  for  such  service;  a 
person  who  makes,  alters,  or  repairs  any  article  of  personal 
property,  at  the  request  of  the  owner,  or  legal  possessor  of 
the  property,  has  a  lien  on  the  same  for  his  reasonable  charges 
for  the  balance  due  for  such  work  done  and  materials  fur- 
nished, and  may  retain  possession  of  the  same  until  the  charges 
are  paid;  and  livery  or  boarding  or  feed  stable  proprietors, 
and  persons  pasturing  horses  or  stock,  have  a  lien,  dependent 
on  possession,  for  their  compensation  in  caring  for,  boarding, 
feeding,  or  pasturing  such  horses  or  stock;  *  *  *  and 
veterinary  proprietors  and  veterinary  surgeons  shall  have  a 
lien,  dependent  on  possession,  for  their  compensation  in  caring 
for,  boarding,  feeding,  and  medical  treatment  of  animals; 
*  *  *.  (As  amended,  Stats.  1911,  p.  887.) 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  117 

TAMPERING  WITH  ANIMALS  ON  EXHIBITION. 

An  act  to  prevent  tampering  ivith  animals,  and  to  prevent  the 
giving  or  administering  of  poison  or  drugs  to  horses,  cattle, 
dogs,  animals,  and  other  live  stock,  except  for  medicinal 
purposes,  and  making  the  same  a  misdemeanor. 

(Approved  March  23,  1901;   Stats.   1901,  p.  553.) 

SECTION  1.     It  shall  be  unlawful  for  any  person  or  persons,  unlawful  to 
except  for  medicinal  purposes,  to  administer  any  poison,  drug,  X3s™nh 
medicine,  or  other  noxious  substance,  to  any  horse,  stud,  mule,  exhibition, 
ass,  mare,  horned  cattle,  neat  cattle,  gelding,  colt,  filly,  dog, e 
animals,  or  other  live  stock,  entered  or  about  to  be  entered  in 
any  race  or  upon  any  race  course  in  the  State  of  California,  or 
entered  or  about  to  be  entered  at  or  with  any  agricultural  park, 
or  association,  race  course,  or  corporation,  or  other  exhibition 
for   competition   for   prize,    reward,   purse,    premium,    stake, 
sweepstakes,  or  other  reward,  or  to  expose  any  such  poison, 
drug,  medicine,  or  noxious  substance,  with  intent  that  the  same 
shall  be  taken,  inhaled,  swallowed,  or  otherwise  received  by 
any  horse,  stud,  mule,  ass,  mare,  horned  cattle,  neat  cattle, 
gelding,  colt,  filly,  dog,  animal,  or  other  live  stock  with  intent 
to  impede  or  affect  the  speed,  endurance,  sense,  health,  physical 
condition,  or  other  character  or  quality  of  such  above  men- 
tioned animal,  or  other  live  stock. 

SEC.  2.  It  shall  be  unlawful  for  any  person  or  persons  to 
cause  to  be  taken  by  or  placed  upon  or  in  the  body  of  any 
horse,  stud,  mule,  ass,  mare,  horned  cattle,  neat  cattle,  gelding, 
colt,  filly,  dog,  animal,  or  other  live  stock  entered  or  about  to 
be  entered  in  any  race  upon  any  race  course  in  the  State  of 
California,  or  entered  or  about  to  be  entered  at  or  with  any 
agricultural  park,  association,  race  course  or  corporation,  or 
other  exhibition  for  competition  for  prize,  reward,  purse,  pre- 
mium, stake,  sweepstakes,  or  other  reward,  any  sponge,  wood, 
or  foreign  substance  of  any  kind,  with  intent  to  impede  or 
affect  the  speed,  endurance,  sense,  health,  physical  condition, 
of  such  horse,  stud,  mule,  ass,  mare,  horned  cattle,  neat  cattle, 
gelding,  colt,  filly,  dog,  animal,  or  othe.r  live  stock. 

SEC.  3.     Any  person  or  persons  who  shall  violate  any  of  the  Penalty. 
provisions  of  sections  one  or  two  of  this  act  shall  be  guilty  of  a 
misdemeanor. 

SEC.  4.     All  acts  or  parts  of  acts  in  conflict  with  the  pro-  Bepeai. 
visions  of  this  act  are  hereby  repealed. 

SEC.  5.     This  act  shall  take  effect  immediately. 


118 


STATE   DEPARTMENT   OP   AGRICULTURE. 


"Commercial 

feeding 

stuffs" 

defined. 

Exceptions. 


Standards. 


Label  for 

parcels. 


Contents 
of  label. 


COMMERCIAL  FEEDING  STUFFS. 

An  act  to  define  commercial  feeding  stuffs  and  to  establish  a 
standard  therefor,  providing  for  the  'branding  and  labeling 
of  same,  empowering  the  state  board  of  health  to  enforce  the 
provisions  of  the  a-ct  and  providing  penalties  for  the  viola- 
tion of  same. 

(Approved  May  16,  1919;  Stats.  1919,  p.  551.) 

SECTION  1.  The  term  "commercial  feeding  stuffs"  shall  be 
held  to  include  all  feeding  stuffs  used  for  feeding  live  stock 
and  poultry,  except  the  following : 

(a)  Whole  seeds  or  grains. 

(b)  The  unmixed  meals  made  directly  from  the  entire  grains 
of  corn,  wheat,  rye,  barley,  oats,  buckwheat,  flaxseed,  kaffir, 
milo  and  light  rice;  provided,  that  light  rice  shall  be  labeled 
"light  rice"  when  ground. 

(c)  Whole  hays,  straws,  cottonseed  hulls  and  corn  stover, 
when  unmixed  with  other  materials. 

(d)  All   other  materials   containing  sixty   per   centum   or 
more  of  water. 

SEC.  2.  The  standards  for  commercial  feedings  stuffs  shall 
be  the  latest  revision  of  the  definitions  of  feeding  stuffs 
adopted  by  the  association  of  feed  control  officials  of  the 
United  States. 

SEC.  3.  Every  lot  or  parcel  of  commercial  feeding  stuffs 
sold,  offered  or  exposed  for  sale  or  distributed  within  this 
state  shall  have  affixed  thereto  a  tag  or  label,  in  a  conspicuous 
place  on  the  outside  thereof,  containing  a  legible  and  plainly 
printed  statement  in  the  English  language,  clearly  and  truly 
certifying : 

(a)  The  net  weight  of  the  contents  of  the  package,  lot  or 
parcel ; 

(b)  The  name,  brand  or  trade-mark; 

(c)  The  name  and  principal  address  of  the  manufacturer 
or  person  responsible  for  placing  the  commodity  on  the  market ; 

(d)  The  minimum  per  centum  of  crude  protein; 

(e)  The  minimum  per  centum  of  crude  fat; 

(f)  The  maximum  per  centum  of  crude  fiber; 

(g)  The  maximum  per  centum  of  ash; 

(h)  The  specific  name  of  each  ingredient  used  in  its  manu- 
facture. 

(i)  The  per  centum  of  such  ingredients  as  corn  cobs,  corn 
bran,  oat  hulls,  barley  hulls,  rice  hulls,  ground  light  rice, 
alfalfa  meal  or  similar  materials,  when  such  constitute  a 
portion  of  th^  package,  lot  or  parcel. 

(j)  In  the  case  of  poultry  feeds,  the  per  centum  of  grit  or 
mineral  matter  they  contain. 

The  crude  protein,  crude  fat,  crude  fiber  and  ash  shall  be 
determined  by  the  methods  in  force  at  the  time  by  the  associa- 
tion of  official  agricultural  chemists  of  North  America. 


LAWS   RELATING   TO   ANIMAL   INDUSTRY.  119 

SEC.  4.     The   state    board    of    health   and   its    agents    and  inspection 
inspectors   shall  have   free   access  to  all  places   of  business,  bowtfof 
mills,  buildings,  carriages,  cars,  vessels  and  parcels  of  what-  health- 
soever  kind  used  in  the  manufacture,  transportation,  importa- 
tion, sale  or  storage  of  any  commercial  feeding  stuffs,  and  shall 
have  the  power  and  authority  to  open  any  parcel  containing  or 
supposed  to  contain  any  commercial  feeding  stuffs,  and  upon 
tender  and  full  payment  of  the  selling  price  of  said  sample,  to 
take  therefrom  samples  for  analysis.     The  methods  of  analysis 
shall  be  those  in  force  at  the  time  by  the  association  of  official 
agricultural  chemists  of  North  America. 

SEC.  5.     Commercial  feeding  stuffs  shall  be  deemed  adulter-  Adulterated, 
ated  if  they  do  not  conform  to  the  analysis  declared  on  the 
label  or  tag. 

SEC.  6.  Commercial  feeding  stuffs  shall  be  deemed  mis- 
labeled  if  they  are  not  labeled  or  tagged  in  accordance  with 
the  provisions  of  section  three  of  this  act. 

SEC.  7.  If  it  appears  that  any  of  the  provisions  of  this  act 
has  been  violated,  the  state  board  of  health  shall  certify  the  of  act- 
facts  to  the  proper  prosecuting  attorney  and  furnish  that 
officer  with  a  copy  of  the  result  of  the  analysis  or  other  exami- 
nation of  such  feeding  stuffs  duly  authenticated  by  the  analyst 
or  other  officer  making  the  determination,  under  the  oath  of 
such  officer;  provided,  that  it  shall  appear  from  any  such 
examination  that  any  of  the  provisions  of  this  act  has  been 
violated  the  state  board  of  health  shall  cause  notice  to  be  given 
to  the  manufacturer  or  dealer  from  whom  said  sample  was 
taken;  any  party  so  notified  shall  be  given  an  opportunity  to 
be  heard  in  his  defense  under  such  rules  and  regulations  as 
may  be  prescribed  by  the  state  board  of  health  before  the  facts 
shall  be  certified  to  the  proper  prosecuting  attorney.  In  all 
prosecutions  arising  under  the  provisions  of  this  act,  certifi- 
cates of  the  analyst  or  other  officer  making  the  examination  or 
analysis,  when  duly  sworn  to  by  such  officer,  shall  be  prima 
facie  evidence  of  the  fact  or  facts  therein  certified. 

SEC.  8.  Any  manufacturer,  importer,  jobber,  firm,  associa- 
tion,  corporation  or  person  who  shall  sell,  offer  or  expose  for 
sale,  or  distribute  in  this  state,  any  commercial  feeding  stuffs 
without  having  attached  thereto  or  furnished  therewith  such 
labels  or  tags  as  required  by  the  provisions  of  this  act,  or  who 
shall  impede,  obstruct,  hinder  or  otherwise  prevent  or  attempt 
to  prevent  said  state  board  of  health  or  its  authorized  agent  in 
the  performance  of  its  duty  in  connection  with  the  provisions 
of  this  act,  or  who  shall  sell,  offer  or  expose  for  sale  or  dis- 
tribute in  this  state  any  commercial  feeding  stuffs  as  defined 
in  section  one,  without  complying  with  the  requirements  of 
the  provisions  of  this  act,  or  who  shall  sell,  offer  or  expose  for 
sale  or  distribute  in  this  state  any  commercial  feeding  stuffs 
which  contains  a  smaller  per  centum  of  crude  protein  or  crude 
fat  or  a  larger  per  centum  of  crude  fiber  or  ash  than  is  certi- 
fied to  be  contained  therein,  or  who  shall  fail  to  properly  state 
the  specific  name  of  each  and  every  ingredient  used  in  its  manu- 


120 


STATE   DEPARTMENT   OF   AGRICULTURE. 


One-half  of 
fines  paid 
to  state 
treasurer. 


Guaranty 

of 

wholesaler. 


General 
guaranty. 


Special 
guaranty. 


facture  or  who  shall  fail  to  properly  state  the  per  centum  of 
such  ingredients  as  corn  cobs,  corn  bran,  oat  hulls,  barley  hulls, 
rice  hulls,  ground  light  rice,  alfalfa  meal  or  similar  materials, 
when  such  constitute  a  portion  of  the  package,  lot  or  parcel, 
or  the  per  centum  of  grit  or  mineral  matter  in  poultry  feeds 
shall  be  deemed  guilty  of  a  violation  of  the  provisions  of  this 
act  and  upon  conviction  thereof  shall  be  fined  not  more  than 
one  hundred  dollars  for  the  first  violation  and  not  less  than 
one  hundred  dollars  for  each  subsequent  violation.  Any  manu- 
facturer, jobber,  importer,  firm,  association,  corporation  or 
person  who  shall  mix  or  adulterate  any  feeding  stuffs  with  any 
substance  or  substances  injurious  to  the  health  of  live  stock  or 
poultry  shall  be  deemed  guilty  of  a  violation  of  the  provisions 
of  this  act,  and  in  addition  to  the  penalty  provided  in  this 
section,  the  lot  of  feeding  stuffs  shall  be  subject  to  seizure, 
condemnation  and  sale  as  the  court  may  direct.  The  court 
may  in  its  discretion  release  the  feeding  stuffs  so  seized  when 
the  requirements  of  the  provisions  of  this  act  have  been  com- 
plied with,  and  upon  payment  of  all  costs  and  expenses 
incurred  by  the  state  in  any  proceedings  connected  with  such 
seizure.  One-half  of  all  fines,  and  the  proceeds  from  con- 
demned foodstuffs  collected  by  any  court  or  judge  for  the 
violations  of  the  provisions  of  this  act  shall  be  paid  to  the 
state  treasurer,  and  the  state  treasurer  shall  deposit  such 
money  to  the  credit  of  the  fund  for  the  maintenance  of  the 
state  laboratory,  to  be  drawn  against  by  warrants  of  the  state 
controller  upon  claims  which  shall  be  approved  by  the  state 
board  of  health  and  the  state  board  of  control.  No  dealer 
shall  be  prosecuted  under  the  provisions  of  this  act  when  he 
can  establish  a  guaranty  signed  by  the  wholesaler,  jobber, 
manufacturer  or  other  party,  residing  in  the  United  States, 
from  whom  he  purchased  such  commercial  feeding  stuffs  to 
the  effect  that  the  same  are  not  adulterated,  mislabeled  or 
misbranded  within  the  meaning  of  this  act,  and  can  also 
establish  by  satisfactory  evidence  that  the  commercial  feeding 
stuffs  sold,  offered  or  exposed  for  sale  or  distributed  in  this 
state  were  mislabeled  or  did  not  conform  to  the  analysis 
declared  on  the  label  or  tag  affixed  thereto,  and  that  at  the 
time  of  selling,  offering  or  exposing  for  sale  or  distributing 
in  this  state  such  commercial  feeding  stuffs  the  dealer  was  not 
aware  of  that  fact;  such  guaranty  may  be  either  general  or 
special.  A  general  guaranty  shall  guarantee  without  condi- 
tion or  restriction  all  of  the  commercial  feeding  stuffs  pur- 
chased, prepared,  compounded,  packed,  distributed  or  sold 
by  the  guarantor  as  not  mislabeled  or  adulterated  within  the 
meaning  of  this  act.  A  special  guaranty  shall  guarantee  in 
the  same  manner  the  particular  commercial  feeding  stuffs  listed 
in  an  invoice  of  the  same  and  shall  be  attached  to  or  shall  fully 
identify  such  invoice.  Both  said  guaranties  to  afford  protec- 
tion must  contain  the  name  and  address  of  the  party  or  parties 
making  the  sales  of  such  commercial  feeding  stuffs  to  said 


LAWS   RELATING   TO    ANIMAL   INDUSTRY.  121 

dealer.  If  the  guaranty  be  to  the  effect  that  such  commercial  when  state 
feeding  stuffs  are  not  adulterated,  mislabeled  or  misbranded  hiSerUian 
within  the  meaning  of  the  national  pure  food  act,  approved  national- 
June  30,  1906,  it  shall  be  sufficient  for  the  purposes  of  this 
act  and  have  the  same  force  and  effect  as  though  it  referred  to 
this  act,  except  that  a  guaranty  referring  to  the  said  national 
pure  food  act  alone  shall  not  be  sufficient  for  the  purposes  of 
this  act  in  any  case  where  at  any  time  the  standard  for  the 
commercial  feeding  stuffs  concerned  under  this  act  is  higher 
than  the  standard  for  like  commercial  feeding  stuffs  under  said 
national  pure  food  act.  In  case  the  wholesaler,  jobber,  manu- 
facturer or  other  party  making  such  guaranty  to  said  dealer 
resides  without  this  state  and  it  appears  from  the  certificate  of 
the  director  of  the  state  laboratory  that  such  commercial  feed- 
ing stuffs  were  adulterated,  mislabeled  or  misbranded,  within 
the  meaning  of  this  act  or  the  national  pure  food  act  approved 
June  30,  1906,  the  district  attorney  must  forthwith  notify  the 
attorney  general  of  the  United  States  of  such  violation. 

SEC.  9.  The  state  board  of  health  is  hereby  empowered  to  Enforcement, 
enforce  the  provisions  of  this  act  and  to  prescribe  the  form  of 
tags,  or  labels  to  be  used,  and  to  prescribe  and  enforce  such 
rules  and  regulations  relating  to  the  sale  of  commercial  feeding 
stuffs  as  it  may  deem  necessary  to  carry  into  effect  the  full 
intent  and  meaning  of  this  act. 

SEC.  10.     This   act   shall   take   effect   on  the   first   day   of  in  effect 
November,  1919 

SEC.  11.     All  acts  or  parts  of  acts  in  conflict  with  the  pro-  Repealed, 
visions  of  this  act  are  hereby  repealed. 

EXAMINATION  OF  VETERINARIANS. 

For  the  act  regulating  the  licensing  of  practitioners  of  veter- 
inary medicine  by  the  state  board  of  examiners  in  veterinary 
medicine,  see  Stats.  1907,  p.  919;  Stats.  1913,  p.  572. 


INDEX. 

ADULTERATION.  PAGE 

commercial    feeding   stuffs 119 

dairy  products,  unlawful  to  sell  adulterated 42 

defined 43 

imitation   milk   55 

AGRICULTURE,  DEPARTMENT  OF. 

animal  industry,  division  of 7 

attorney  general  legal   adviser 9 

boards  superseded  by 9 

director. 

appointment,    salary,    bond 7 

appointments  by 7 

money  on  hand,  authority  to  spend 10 

powers  and  duties 8 

report  to  governor 9 

divisions  established 7 

laws  to  be  enforced  by 10 

traveling  expenses 8 

ANIMAL  INDUSTRY,  DIVISION  OP. 
duties  transferred. 

cattle  protection  board   (Note) 68 

dairy  bureau,  state  (Note) , 32 

stallion   registration  board    (Note) 77 

veterinarian,  state    (Note) 11 

organization  of 7 

ANIMALS.     See,  also,  DISEASES  OF  ANIMALS. 

borrowed,  treatment  of.     C.  C.,  Sec.  1887 89 

corralling  on  borders  of  stream,  etc.,  prohibited.     Pen.  C.,  Sec.  374 26 

cruelty  to - 85,  94 

dead. 

burial 26 

cremation    26 

streets,  etc.,  leaving  in.     Pen-.  C.,  Sec.  374 26 

diseased. 

disposition   of 26 

report  to  state  veterinarian.     Pen.  C.,  Sec.  402e 27 

sale  of.     Pen.  C.,  Sec.  402 27 

separate  enclosure  for.     Pen.  C.,  Sec.  402d 27 

drowning,  care  of  animal  saved  from 110 

imported. 

certificate  of  health 14 

exemptions   from   regulation 15 

penalty  for  violating  regulations 16 

quarantine   against    15 

injuries,  liability  for.     C.  C.,  Sees.  3340-3341 90 

killing  for  entering  unenclosed  land;  damages 96 

railroad,  permitting  to  graze  along;  penalty.     Pen.  C.,  Sec.  369e__  __85,  104 

starvation,  care  of  animal  saved  from 110 

tampering  with 117 

transportation,  care  during.     Pen.  C.,  Sec.  369& 85 

ANTHRAX. 

report  of  infected  animals.     Pen.  C.,  Sec.  402e 27 

APHTHOUS  FEVER. 

report  of  infected  animals.     Pen.  C.,  Sec.  402e 27 

AUCTION. 

record  of  sale  of  horses  and  mules.     Pol.  C.,  Sec.  3305 116 

BABCOCK  TEST. 

standard  glassware  to  be  used 40 

fee  for  testing  glassware,  etc.,  by  state  department  of  agriculture 40 

BACTERIA. 

number  of,  permissible  in  milk — 60,  61 

BAKERIES. 

imitation  milk,  display  of  sign  where  served 

oleomargarine,  use  of 35 

BLACKLEG. 

report  of  infected  animals.     Pen.  C.,  Sec.  402e 27 

BOARDING  HOUSES. 

dairy  products  law,  subject  to 50 


124  INDEX. 

BOAR.  PAGE 

running  at  large;  penalty.     Pen.  C.,  Sec.  597fir 88 

BOOPHILUS  ANNULATUS  TICK. 

extermination  of   16 

BORAX. 

use  of,  prohibited 47 

BOTTLES. 

sterilization    29,  30 

BRANDS. 

auctioneer's  record.     Pol.  C.,  Sec.  3305 116 

cattle. 

fee    for    recording 69 

inspection 72,  73 

protection    69 

changing  or  defacing.     Pen.  C.,  Sees.  357,  357£ 76 

counterbrand  on  sale  of  animals.     Pol.  C.,  Sec.  3182 75 

fraudulent,  report  of.     Pol.  C.,  Sec.  3184 75 

perpetuation   of - 75 

time  of  branding.     Pol.  C.,  Sec.  3172 74 

transcripts  to  adjoining  counties.     Pol.  C.,  Sec.  3169__. 74 

unrecorded,  use  of;  penalty.     Pol.  C.,  Sec.  3183 75 

written  descriptive  bill  of  sale.     Pol.  C.,  Sec,  3182 75 

BRISTLE  BUR. 

use  of  unlawful 90 

BULLS. 

fighting  for  amusement  prohibited.     Pen.  C.,  Sec.  597& 86 

importation 14 

public  service. 

county  license.     Pol.  C.,  Sec.  3385 84 

lien  for.      C.  C.,  Sees.  3062-3064 83,  84 

running  at  large;  penalty.     Pen.  C.,  Sec.  597r/ 88 

BUR. 

use  of  unlawful 90 

BUTCHER. 

record  of  meat  purchased 71 

BUTTER. 

certified,    act    regulating 64 

defined — 44 

imitation. 

labeling   of    34 

possession  of,  when  unlawful 36 

records  necessary  by  those  handling 38 

sale  of  prohibited,  when 33 

sample  seized  for  analysis 36 

imported. 

defined    * 57 

marking  of 57 

penalty  for  violation  of  act 57 

sign  in  places  selling 57 

milk  from  reacting  cows,  when  permitted 58 

pasteurized. 

misrepresentation  unlawful 31 

reacting  cows,  product  of  milk  from 58 

renovated. 

defined    36 

license  for  sale  of 36 

packages  to  be  labeled 36 

possession   of,   when  unlawful 36 

records  necessary  by  those  handling 38 

sale  of,  by  pound 31 

unclean,    sale   prohibited 28 

wrappers,  correct  designation  on 32 

BUTTER  FAT. 

defined    44 

tests,  false  reports;  penalty 39 

BUTTERINE.     See,  also,  OLEOMARGARINE. 

use  of  word  unlawful,  when 35 

BUTTERMILK. 

defined   44 

pasteurized,  misrepresentation  unlawful 31 

CANS. 

sterilization  of ! 29 


INDEX.  125 

CARCASS.  PAGE 

leaving  in  streets,  rivers,  etc.     Pen.  C.,  Sec.  374 

CATTLE. 

boophilus  annulatus  tick,  extermination  of 

brands,    record   of 69 

dairy. 

annual  report  of  number 

care  of  approved  by  inspecting  department 

diseased,  sale  of  milk  from,  prohibited 28 

tuberculin  test ~-58,  60,  62 

dipping  for  tick 

importation 

range,  driving  off;  penalty 

registered  pure  bred  cattle  not  subject  to  brand  act — 

sale  of  range  cattle 

shipment,  inspection  of  brands  before 

slaughtering,   inspection  before 72 

transportation,  care  during.     Pen.  C.,  Sec.  369& 85 

CATTLE  PROTECTION  BOARD.      See  Note,  page   68. 

powers,  duties,  etc 68 

powers  transferred  to  department  of  agriculture 9 

CERTIFIED  MILK  AND  MILK  PRODUCTS. 

regulation   of 64 

CHARITABLE  INSTITUTIONS. 

imitation  butter,  etc.,  use  of  prohibited  in 33,  36 

CHEESE. 

branding    

certified,  act  regulating 64 

defined    — 44 

factories. 

annual  report 

registration  of 31 

grades    49 

imitation. 

defined    33 

labeling   of    

possession  of,  when  unlawful 

records  necessary  by  those  handling 

sample  seized  for  analysis 36 

pasteurized. 

misrepresentation  unlawful  __ 

reacting  cows,  product  of  milk  from 

sale  of,  unlawful  unless  branded 

milk  from  non-tuberculin  tested  cows  permitted  in  manufacture  of 58 

CHEMICALS. 

use  of,  to  prevent  souring,  prohibited 58 

COLD   STORAGE  COMPANIES. 

license  and  records  for  handling  oleomargarine,  etc 38 

COLORING  MATTER. 

butter  and  cheese,  use  of  permitted  in  manufacture 33,  48 

oleomargarine,  use  of  prohibited  in  manufacture  of 37 

milk,  cream,  etc.,  use  of  prohibited  in 48 

COMMERCIAL  FEEDING  STUFFS. 

defined,    standards,   etc 118 

CONDENSED  MILK.     See  MILK,  Condensed. 
CONTAINERS. 

sterile,  to  be  used  in  delivery  of  milk . 60 

COUNTERBRANDS.     See  BRANDS. 
COUNTY, 
clerk. 

docked  horses,  registration  of.     Pen.  C.,  Sec.  597& 86 

humane  officers,  record  of.     C.  C.,  Sec.  607^ 

license  of  animals  used  for  propagation.     Pol.  C.,  Sec.  3385  — 
live  stock  inspectors  in.     Pol.  C.,  Sees.  4056a,  4149,  4149a__ 

milk   commissions 

milk   inspection    service 

nonresident's  herding  license 

recorder. 

marks  and  brands,  record  of.     Pol.  C.,  Sees.  3168,  3169__  74 

perpetuation  of  marks  and  brands 75 

sheep  herding,  restriction  on  license  tax 

COWS.     See  CATTLK,  Dairy. 


126  INDEX. 

CREAM.  PAGE 

certified,  act  regulating 64 

coloring  matter  or  gelatin  prohibited  in — 

defined    — 43 

evaporated,  defined 

gallon  measure  for 31 

milk  from  reacting  cows,  when  permitted 58 

pasteurized,    sale    of 58 

testing   of   40 

unclean,    sale   prohibited 28 

CREAMERIES. 

annual  report 32 

registration  of 31 

unsanitary,  defined 30 

use  of  word  unlawful,  when 35 

utensils  used  in,  must  be  sterilized 30 

CRUELTY  TO  ANIMALS. 

borrowed  animal,  treatment  of.     C.  C.f  Sec.  1887 89 

bur,   use  unlawful 90 

complaints  for  violating  law.     C.  C.,  Sec.  607b 91 

docking  tails  of  horses;  penalty.     Pen.  C.,  Sees.  597a-597c 86 

fighting,  training  for.     Pen.  C.,   Sec.   597c 87 

fighting  for  amusement  prohibited.     Pen.  C.,  Sec.  597b 86 

food,  depriving  of;  penalty.     Pen.  C.,  Sec.  597 85 

game  laws  not  affected.     Pen.  C.,  Sec.  599c 89 

humane  officers.     C.  C.,  Sec.  607f „ 91 

neglect;  penalty.     Pen.  C.,  Sec.  597f 88 

overloading;  penalty.     Pen.  C.,  Sec.  597 85 

overworking;  penalty.     Pen.  C.,  Sec.  597 85 

pound,  feeding  in.     Pen.   C.,   Sec.   597e 87 

prosecution  for  violating  laws.     Pen.  C.,  Sec.  599a 88 

shelter,  depriving  of;  penalty.     Pen.  C.,  Sec.  597 85 

societies  for  prevention.     C.  C.,  Sees.  607-607^ 91 

unfit  for  work,  killing  when.     Pen.  C.,  Sec.  599e 89 

DAIRIES. 

annual  report 

diseases  among  cattle,  report  of 51 

registration  of 31 

score  card 63 

scoring  of,  for  grade  A  milk 60 

unsanitary    defined    29 

use  of  word  unlawful,  when 35 

DAIRY  BUREAU,   STATE.      See  Note,  page  32. 

cheese  brands,  furnished  by 49 

dairy  products,  enforcement  of  act  regarding 51 

diseases  among  cattle,  report  of 52 

employees,  appointment  and  qualification  of 52 

imitation  milk  act,  enforcement  of 56 

inspection    of    dairies 51 

milk  inspection  service  approved  by 59 

oleomargarine. 

license  for  sale  of 36,  37 

record  of  sales 38 

samples  delivered,  when 36 

pasteurization  thermometers,  subject  to  approval  of 44 

powers  transferred  to  department  of  agriculture 9 

pure  milk  law,  enforcement  of 62 

registration  of  dairies 31 

rules  and  regulations,  authorized  to  make 62 

statistics  blanks  for  dairies  furnished  by . 32 

statistics   compiled   by 51 

unsanitary  conditions,   complaint  by 51 

weights  and  measures,  examined  by 40 

DAIRY   PRODUCTS. 

adulterated,  sale  or  serving  of,  unlawful 42 

imitation,  records  required  of  those  handling 38 

pasteurized,  misrepresentation  unlawful 31 

DAIRY   SCORE   CARD 63 

DAIRY  STATISTICS. 

annual  report  of 32 

dairy  bureau,  state,  authorized  to  compile 51 

DAIRYMEN. 

wearing  apparel,  cleanliness  of— .  30 


INDEX.  127 

DEAD  ANIMALS.     See  ANIMALS,  Dead. 

DISEASES  OF  ANIMALS.  PAGE 

boophilus  annulatus  tick,  extermination  of_ 16 

dairy  cattle,  report  of 52 

imported  animals;  certificate  of  health 14 

inspection 12 

quarantine  against 12,  13,  15 

rabies,    control   of 20 

reportable  diseases.     Pen.  C.,  Sec.  402e 27 

tick,   extermination   of 16 

DOGS. 

fighting  for  amusement  prohibited.     Pen.  C.,  Sec.  597& 86 

killing  for  injuring  sheep,  etc.     C.  C.,  Sec.  3341 90 

license  tax  for  rabies  control^ '21 

rabies,    control    of ' 20 

sheep,  injuries  to ;  liability  for.     C.  C.,  Sec.  3341__  90 

DRUGS. 

animals  on  exhibition,  giving  to 117 

EARMARKS.     See,  also,  BRANDS. 

certain  marks  prohibited.     Pol.  C.,  Sec.  3171 74 

ESTRAYS. 

costs  for  care  of 106 

lien  for  care  of 105,  109 

local  laws  ;  Note 95 

local  option  estray  law 108 

sale  of  unclaimed  animals 107 

taking   up 105 

EVAPORATED  MILK.     See  MILK,  Evaporated. 

FACTORIES,  DAIRY. 

unsanitary,  defined 30 

FARCY. 

disposition  of  animals  dying  from 26 

killing  of  infected  animals.     Pen.  C.,  Sec.  402& 27 

sale  of  animal  infected  with.     Pen.  C.,  Sec.  402 27 

FAT.     See  BUTTER  FAT. 

FEEDING  STUFFS. 

defined,    standards,   etc j_  118 

FEES. 

Babcock  glassware,  testing  of 40 

brands,    recording 69,  74 

butter,  imitation,  etc.,  license  to  sell 37 

butter  fat,  license  for  receiving  milk  on  basis  of 39 

disposition  of,  by  state  dairy  bureau ___38,  40 

imitation   milk  license 55 

meat   inspection 66 

milk  tester's  license 39 

nonresident's  herding  license ! 93 

oleomargarine    license 37 

sheep  herding,  license  for 94 

slaughterhouse. 

inspection 66 

license  of 70 

stallion   registration   82 

FENCES. 

brush    fences    described 97,  102 

destroying,  etc.;  penalty.     Pen.  C.,  Sec.  602   (8) - 103 

ditch  and  pole  fence  described 96 

ditch  fence  described 97,  99,  102 

gate,  penalty  for  leaving  open.     Pen.  C.,  Sec.  602   (8) 103 

hedge   fences    described 97,  102 

lawful;    defined   — 95,  96,  99,  101,  109 

local  laws  ;  Note 95 

paling  fence  described 97 

partition. 

construction,    cost    of 97,  100,  102 

location  on  line 98,  100 

maintenance    . 98,  100,  102,  103 

picket  fence  described 96,  99,  102 

pole    fence    described 96,  102 

post  and  rail  fence  described 96,  97,  99 

post  and  slat  fence  described 97,  102 

railroads  to  maintain  along  track.     C.  C.,  Sec.  485 104 

stone  fence  described 99,  lOl 

wire    fence    described 96,  102,  109 

worm   fence   described 97,  102 


128  INDEX. 

FRUIT  ICE  CREAM.  PAGE 

defined 44 

GATES. 

fences,  penalty  for  leaving  open  along  railroad.     Pen.  C.,  Sec.  369d 104 

GELATIN. 

use  of  in  milk,  etc.,  prohibited 47 

GLANDERS. 

disposition  of  animals  dying  from 26 

killing  of  infected  animal.     Pen.  C.,  Sec.  402& 27 

report  of  infected  animals.     Pen.  C.,  Sec.  402e 27 

sale  of  infected  animal.     Pen.  C.,  Sec.  402 27 

GOATS. 

branding,  time  of.     Pol.  C.,  Sec.  3172 74 

•    buck  goat  running  at  large;  penalty.     Pen.  C.,  Sec.  5$7g 88 

killing,  etc.,  by  dog;  liability  for.     C.  C.,  Sec.  3341 90 

GRAZING. 

nonresident's    license 93 

owner's  consent  required  in  certain  counties 115 

railroad  tracks,  along;  penalty.     Pen.  C.,  Sec.  369e 85,104 

HEALTH,  STATE  BOARD  OF. 

commercial  feeding  stuffs,  regulation  of 118 

dairies,   etc.,    inspection 50 

pasteurization  thermometers  subject  to  approval  of 44 

pure  milk  law,  aid  in  enforcement 62 

rabies,    control    of L 20 

HERDING. 

nonresident's  license 93 

owner's  consent  required  in  certain  counties 115 

sheep  ;  limitation  on  license  tax. 94 

HIDES. 

retention    of    72 

shipments,    certificate    before 72 

HOGS. 

branding,  time  of.     Pol.  C.,  Sec.  3172 74 

cholera. 

report  of.     Pen.   C.,  Sec.   402e 27 

serum,   distribution   of 23,  24 

swine  plague,  report  of.     Pen.  C.,  Sec.  402e 27 

transportation,  care  during.     Pen.   C.,   Sec.   369& 85 

HORSES. 

auction,  record  of.     Pol.   C.,   Sec.   3305 116 

branding,  time  of.     Pol.  C.,  Sec.  3172 74 

breeding,  encouragement  and  information 83 

bur,   use  of  unlawful 90 

docked. 

imported  animals.     Pen.  C.,  Sec.  597d 

importation   

penalty  for  docking  tails.     Pen.  C.,  Sec.  599d 89 

registration.     Pen.  C.,  Sec.  597& 86 

unregistered;  penalty  for  having.     Pen.  C.,  Sees.  597a,  597c 86 

HOSPITALS. 

imitation  butter,  use  of  prohibited 33 

HOTELS. 

adulterated  dairy  products  in 43,  50 

imitation  butter,  use  of  prohibited 

imitation  milk,  display  of  sign  where  served 55 

milk  may  be  sold  by,  how • 31 

oleomargarine,    use   of 34,  35 

HUMANE  OFFICERS. 

appointment,  powers,  etc.     C.  C.,  Sec.  607f 91 

HUNTING. 

enclosure,  entering  without  owner's  permission.     Pen.  C.,  Sec.  602   (9) 104 

wounding  animal  belonging  to  another.     Pen.  C.,  Sec.  384c 85 

ICE  CREAM. 

certified,  act  regulating 64 

defined —  44 

manufacturer. 

annual  report  of 

registration   of 31 

milk  from  reacting  cows,  when  may  be  used 58 

milk  product 

pasteurized,  misrepresentation  unlawful 31 

sale  of,  misrepresentation  unlawful 48 


INDEX.  129 

ICE  MILK.  PAG» 

defined. i 44 

purchaser  of,  must  be  informed 48 

receptacles  for,  must  be  labeled 48 

sale  or  service  of,  conditions 47 

signs  to  be  posted  by  sellers  of 48 

IMITATION  MILK.     See  MILK,  Imitation. 
IMPORTED  ANIMALS.     See   ANIMALS,   Imported. 
IMPORTED  BUTTER.     See  BUTTER,  Imported. 
INSPECTORS  OF  DIPPING  SHEEP. 

employment;    appropriation    20 

INSTITUTIONS,    CHARITABLE   AND   PENAL. 

butter  and  cheese  used  in 36 

JACKS.     See,  also,  MULES. 

diseases   of - 77,  78 

enrollment     78 

license   certificate. 

crossbred   80 

display   of   78 

false  or  erroneous,  investigation— 82 

fee   for 82 

grade    80 

mongrel — 81 

nonstandard   bred    81 

purebred 79 

license  for  public  service • 77 

pedigree,  certificate  of  registry 78 

public  service. 

county  license.     Pol.  C.,  Sec.  3385 84 

enclosure  in  cities.     Pen.  C.,  Sec.  5970 88 

lien  for.      C.  C.,  Sees.  3062-3064 83,  84 

LABELS. 

assembled  dairy  products 

butter,    imported    — 57 

butter,  name  of  producer  on 

commercial    feeding    stuffs 118 

dairy  products,  conformity  with  provisions 43 

erasing    of,    unlawful 35 

ice  milk 48 

imitation  milk 54 

milk   grades    59 

oleomargarine     . 34 

skimmed    milk    45 

LARD    EXTRACTS.      See   OLEOMARGARINE. 
LICENSE. 

butter  fat,  receiving  milk,  etc.,  on  basis  of 39 

butter,  imitation,  etc.,  manufacture  and  sale 37 

fees,   disposition  of 

hog  serum,   preparation  of 24 

imitation   milk 55 

milk   tester 39 

oleomargarine,  sale  of 36,  37 

slaughtering  cattle   70 

LIENS. 

animal,  abandoned,  care  of.     Pen.  C.,  Sec.  597f 88 

care  of  stock  in  transit.     Pen.  C.,  Sec.  369& 

cattle,  expenses  of  dipping  for  tick 17 

estrays,   care  of 105,  109 

pasturing  stock.      C.   C.,   Sec.   3051 _  116 

sheep,   expenses  of  dipping  for  scabies 19 

sick  animal,  care  of.      Pen.   C.,   Sec.   597/ So 

stable  proprietor.     C.   C.,  Sec.   3051 116 

stallion,  jack,  etc.,  public  service.      C.  C.,  Sees.  3062-3064__ 

team  taken  up  for  unnecessary  suffering,  care  of.     Pen.  C.,  Sec.  597a 

veterinarian.      C.    C.,    Sec.    3051 116 

LIVE  STOCK.      See  ANIMALS,  names  of  particular  animals. 

fraudulent  registration.      Pen.    C.,   Sec.    537a__                                                               _  116 

nonresident's  herding  license 93 

imported,    inspection   of 14 

LIVE  STOCK,  INSPECTORS  OF. 

appointment,  etc.      Pol.  C.,  Sees.  4056,  4149,  4149a__  27 
MARKS.     See  BRANDS. 
MEASURES.     See  WEIGHTS  AND  MEASURES. 

9_49649 


130  INDEX. 

MEATS.  PAGE 

inspection   at   slaughterhouse 65 

MILK. 

adulterated. 

defined    43 

sale  of  unlawful 42 

bottles,   must  be   sterilized 31 

certified. 

act    regulating   64 

certificate  of  milk  commission 64 

director  to   enforce  act 10 

marking  of 64 

sale  of,  when  unlawful 64 

coloring  matter  or  gelatin  in,  prohibited 47 

condensed. 

adulterated,  sale  of  unlawful 42 

coloring  matter  or  gelatin  prohibited  in 47 

defined    43 

condensaries. 

annual  report  of 32 

standard   of   purity 53 

cooling  of,  after  milking 30 

disposition  of,  when  not  fit  for  human  consumption 61 

evaporated.     See  MILK,  Condensed. 

gallon   measures   for 31 

grade  A. 

defined    60 

misrepresentation    unlawful 59 

grade  B. 

defined 61 

misrepresentation  unlawful 59 

guaranteed    60 

imitation. 

adulterated,    when    deemed 55 

defined    53 

labeling    of    54 

license   for   handling 55 

manufacture   and   sale 54 

impure. 

defined    — : 59 

sale  of,  act  to  prevent 58 

inspection    service    — 59,  61 

pasteurized. 

misrepresentation    unlawful    31 

process  defined 44 

unlawful   to   sell   unless 58 

product  of. 

defined    42 

sale  of   ---  43 

sale  of. 

hotels    and    restaurants 31 

measure   for    31 

procedure  when  not  operating  under  inspection  department 62 

wholesale,  pasteurization  unnecessary 58 

samples  of,  must  be  in  duplicate 51 

skimmed. 

cheese  manufactured  from,  permitted--. 

defined 43 

labeling    of    45 

tuberculin   testing  of  cows 58,  60,  62 

unclean,    sale    prohibited 28 

unfit  for  human  consumption,  to  be  marked 59,  61 

uninspected,   unlawful  to  sell 59 

MILK  HOUSE. 

sanitary,   defined 29 

utensils  must  be   sterilized 30 

MILK  WAGONS. 

owner's  name  and  address  to  be  printed  on 47 

MULES.     See,  also,  JACKS. 

auction,  record  of.     Pol.  C.,  Sec.  3305 116 

branding,  time  of.     Pol.  C.,  Sec.  3172 74 

importation 14 

MYCOTIC  LYMPHANGITIS. 

report  of  infected  animals.     Pen.  C.,  Sec.  402e 27 


INDEX.  131 

NUT  ICE  CREAM.  PAQ» 

defined    44 

OFFAL. 

leaving  in  streets,  rivers,  etc.     Pen.  C.,  Sec.  374 26 

OLEOMARGARINE. 

colored,   sale  prohibited 33 

cow,  representation  on  package  unlawful 35 

labeling    of    34 

license  necessary  for  sale  of 36,  37 

packages  of,  how  marked 34,  36 

possession  of. 

knowledge  of,  when  unmarked^ 1 35 

unlawful,    when 36 

records  of  sale. 

form  of,  etc 38 

inspection  of,  unlawful  to  interfere  with 50 

sale  of,  conditions  covering 35 

sample  seized  for  analysis,  when 36 

serving  of,  in  public  places 35 

shipping   of : 34 

OVERLOADING  ANIMAL. 

penalty.      Pen.  C.,  Sec.  597 85 

OVERWORKING  ANIMAL. 

penalty.     Pen.    C.,    Sec.    597 85 

PAILS. 

sterilized  whenever  used 30 

PARTURITION. 

milk  not  to  be  sold  before  or  after 29 

PA  STEURIZATION. 

apparatus  must  be  clean 44 

milk  from  tubercular  cows 58 

process    of,    defined 44 

records,    preservation    of 32,  44 

PENAL  INSTITUTIONS. 

imitation  butter,  etc.,  use  of  prohibited  in 33,  36 

PENALTIES. 

assembled  dairy  products,  unlawful  sale  of 47 

brand. 

altering.     Pen.  C.,  Sees.   357,  357£ ___     76 

unrecorded,  using.     Pol.  C.,  Sec.  3183 75 

butter,  imported;  unlawful  sale  of 57 

cattle,  driving  off  range 73 

cattle  tick,  selling  animals  infected  with 16 

certified  milk,  unlawful  sale  of 65 

commercial  feeding  stuffs,  unlawful  sale  of 119 

cruelty    to    animals 85,  89 

dairy  products,  violating  law  relating  to 50,  51 

dead  animals. 

disposition  of 26 

street,   stream,  etc.,  deposit  in.      Pen.  C.,   Sec.   374 26 

diseased  animals. 

enclosure,  failure  to  keep  in.      Pen.  C.,  Sec.  402d 27 

failure  to  kill.      Pen.  C.,  Sec.   402& 27 

report  of,  failure  to  make.     Pen.  C.,  Sec.   402t? 27 

sale.      Pen.   C.,   Sec.   402 27 

fence,   damaging.      Pen.   C.,   Sec.   602    (8) . 103 

gate,  leaving  open.     Pen.  C.,  Sec.  602   (8) 103 

hog  serum,  unlawful  use  of 23,  25 

hunting  without  permission.      Pen.   C.,  Sec,   602    (9) 104 

imitation  milk,  unlawful  sale  of 56 

imported  animals,  violating  regulations  governing 16 

meat  inspection  stamps,  unlawful  use  of 68 

nonresident,  grazing  sheep  without  license 94 

pure  milk  law,  violation  of : . 61 

quarantine,    violating   14 

railroad. 

gate,  leaving  open  on.      Pen.  C.,  Sec.  369d 104 

grazing  animal  along.     Pen.  C.,  Sec.  369e 104 

registration,  fraudulent.     Pen.  C.,   Sec.   537a 116 

scabies,  selling  animals  infected  with 18,  19 

stallion  registration,  violation  of  regulations '. 82 

tampering   with   animals . 117 

POISON. 

animal  on  exhibition,  giving  to 117 


132  INDEX. 

POUNDS.  PAG» 

food  and  water  supplied  to  animals.     Pen.  C.,  Sec.  597e 87 

QUARANTINE. 

diseased  animals 12 

rabies   21 

RABIES. 

control    of    20 

RAILROADS. 

animals  killed,  liability  for.     C.  C.,  Sec.  485 104 

fences  along  track.     C.  C.,  Sec.  485 104 

grazing  animals  along  tracks,  penalty.     Pen.  C.,  Sec.  369e 85,  104 

stock,  care  of  during  transportation.     Pen.  C.,  Sec.  369& 85 

RAM. 

running  at  large;  penalty.     Pen.  C.,  Sec.  597<7 SS 

RANCHMAN. 

record  of  slaughtered  cattle 72 

slaughtering  without  license  permitted 72 

RANGE. 

denned    73 

driving  cattle  off;  penalty 73 

REGISTERED  LIVE  STOCK. 

fraudulent;  penalty.     Pen.  C.,  Sec.  537a 116 

stallions,  jacks,  certificates  for 78 

RENNET. 

cheese,  use  of  permitted  in 33 

RESTAURANTS. 

adulterated  dairy  products,  serving  of  unlawful 42 

application  of  dairy  products  act  to 50 

imitation  butter,   serving  of  prohibited 33 

imitation  milk,  display  of  sign  where  served 55 

milk  may  be  sold,  how 31 

oleomargarine. 

license  required  for  serving 37 

patrons  notified  when  served 35 

SALOONS. 

imitation  milk,  display  of  sign  where  served 55 

oleomargarine,  patrons  notified  when  served 35 

SCABIES. 

eradication    of    18 

SCORE  CARD,  DAIRY  FARM : 63 

SHEEP. 

branding,  time  of.      Pol.  C.,  Sec.   3172 74 

inspectors  of  dipping  sheep 20 

killing  or  injuring  by  dog;  liability  for.      C.  C.f  Sec.  3341 90 

license  for  herding,   restriction   on 94 

scabies,    dipping   for 18 

transportation,  care  during.      Pen.  C.,  Sec.  369& 85 

SHEEP   SCAB. 

report  of  infected  animals.     Pen.  C.,  Sec.  402e 27 

SLAUGHTERHOUSES. 

inspection  of : 65 

license  to  conduct 70 

SOCIETIES  FOR  PREVENTION  OF  CRUELTY  TO  ANIMALS. 

organization,  powers,  etc.      C.  C.,  Sees.   607-607f 91 

STALLIONS. 

disease,  examination  for 77 

diseases  to  be  specified 78 

enrollment     78 

license  certificate. 

crossbred      SO 

display   of 78 

false  or  erroneous,  investigation 82 

fee  for 82 

grade    80 

mongrel    __ — 81 

nonstandard   bred   81 

pure   bred    79 

license  for  public  service i 77 

pedigree,  certificate  of  registry 78 

public  service. 

county  license.     Pol.  C.f  Sec.  3385 84 

enclosure  in  city.     Pen.  C.,  Sec.  597fir ' 88 

lien  for.     C.  C.,  Sees.  3062-3064 83,  84 

running  at  large;  penalty.     Pen.  C.,  Sec.  597# 88 


INDEX.  133 

STALLION  REGISTRATION  BOARD.     See  Note,  page  77.  PAGE 

powers,  duties,  etc 77 

powers  transferred  to  department  of  agriculture 9 

STATE  BOARD  OP  HEALTH.     See  HEALTH,  STATE  BOARD  OF. 

STATE  DAIRY  BUREAU.     See  DAIRY  BUREAU,  STATE. 

STATE   INSTITUTIONS. 

butter  and  cheese  used  in 36 

STATE  VETERINARIAN.     See  VETERINARIAN,  STATE. 

STERILIZATION. 

method  of,  for  dairy  utensils,  etc 30 

STORE,   UNSANITARY. 

milk  handled  in,  not  to  be  sold 28 

SWINE.     See  HOGS. 

TACK  BUR. 

use    unlawful    90 

TALLOW  EXTRACTS.     See  OLEOMARGARINE. 

TESTS. 

false,   misdemeanor 39 

fee  for  testing  glassware '  40 

license    for    testing 39 

tuberculin    ' 58,  60,  62 

TEXAS  FEVER. 

disposition  of  animals  dying  from 26 

report  of  infected  animals.     Pen.  C.,  Sec.  402e 27 

THERMOMETERS. 

approval   of 44 

TICK. 

cattle,  extermination  of < 16 

TRESPASS. 

damages   for 110 

fenced  lands;    damages 114 

grazing  on  lands  without  owner's  consent  in  certain  counties 115 

land  under  one  enclosure 101 

lawful  fence,  on  property  enclosed  by — 95,  99 

local  laws  ;  Note 95 

TUBERCULIN  TEST. 

dairyman    may    request 62 

imported   animals    

milk  must  pass,  when 

state  veterinarian  to  enforce 62 

TUBERCULOSIS. 

disposition  of  animals  dying  from — 

imported  cattle  to  be  certified 15 

UNIVERSITY  OF  CALIFORNIA. 
hog  cholera  serum. 

distribution    of   23 

licensing  of  preparation 24 

VETERINARIAN,  STATE.     See  Note,  page  11. 

boophilus  annulatus  tick,  extermination  of 16 

cattle  diseases  reported  to 51 

diseased  animals,  inspection  of 

meat  inspection  by 65 

powers  transferred  to  department  of  agriculture 9 

quarantine  of  diseased  animals 12,  15 

scabies,    control    of 18 

tuberculin   testing  by 62 

VETERINARIANS. 

examination   and   license 

lien  for  service.     C.  C.,  Sec.  3051 116 

VERMINOUS   BRONCHITIS. 

report  of  infected  animals.     Pen.  C.,  Sec.  402e 27 

WAGONS. 

ice  milk,   information  painted  on — 48 

milk,  owner's  name  and  address  painted  on 47 

WAREHOUSE. 

license  and  records,  necessary  when 37,  38 

WEARING  APPAREL. 

cleanliness  of,  used  by  dairymen  or  employees 30,  31 

WEIGHTS  AND  MEASURES. 

false,  misdemeanor 

inspection  of,  by  dairy  bureau 

liquid  measure 

state's    standard    defined 

WRAPPERS.     See  LABELS. 

O 

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